Defendant pushes for plantiff to pay security costs in Mwingira case

A DEFENDANT, Dr Phillis Nyimbi, has asked a Dar es Salaam Court to order her husband, Dr William Morris, to deposit in court some millions of shillings, as security for costs, in the 7.5bn/-adultery suit involving Rev. Joseph Mwingira.

The practice shows that the amount for security for costs is charged at three per cent of the amount involved in the suit. In the suit of which Dr Nyimbi and Rev Mwingira are defendants, the security for costs could be pegged at 225m/-.

A party applies for security for costs if the plaintiff instituting the case is a foreigner and if it is proved that such plaintiff has no immovable properties in the country. Dr Nyimbi alleges in his application filed at Kisutu Resident Magistrate’s Court that her husband, the plaintiff, is a non citizen.

“I am advised that the law requires him (Dr Morris) to deposit a certain amount of money in court which must bear some proportion to his claim so that in the event his suit is dismissed, the said security for costs can be applied in reimbursing us for the costs incurred in conducting the suit,” she stated.

According to Dr Nyimbi, the need for the plaintiff to furnish security was even more necessary in view of the fact that he was currently living in the country without any permit as the Minister for Home Affairs has given him a two months grace period within which to acquire a resident permit or go away.

The suit which is being presided over by Senior Resident Magistrate Hellen Riwa has been set for mention on February 14, this year. Dr Morris has sued Rev Mwingira, demanding 7.5bn/-, as general damages for allegedly committing adultery with his wife.

It is alleged that on December 28, 2001, Dr Morris contracted a Christian marriage with Dr Nyimbi at St Albans Anglican Church, Upanga in the city.

But Rev Mwingira and Dr Nyimbi allegedly thereafter entered into love affair at unknown date despite the fact that the latter is the lawful wife of Dr Morris. When the plaintiff enquired on the issue, his wife claimed to have been raped by Rev Mwingira.

Such act, the plaint of the suit shows, did not only result into pregnancy, but also other serious medical complications.

According to the plaint of the suit, in course of the said alleged love affair between Rev Mwingira and Dr Nyimbi, the duo managed to have a child who is five years old now and a series of medical complications on the wife.

In his written statement of defence, however, Rev. Mwingira denies the claims and has raised ground of objection to the hearing of the suit in question, alleging that the court lacked pecuniary jurisdiction to determine the matter.

“The first defendant has not committed any adultery as it is claimed by the plaintiff, thus the claim of general damages is unfounded, baseless and for such a case the plaintiff is put under strict proof thereof,” states part of the written statement of defence filed by advocate Moses Karua.

Rev. Mwingira denies having entered into love affair between him and the second defendant or even raped her to result into pregnancy as well as other serious medical complications. “The plaintiff is put under strict proof thereof,” he stated in the defence.

DAILY NEWS TANZANIA: