Zitto case for mention today

Dar es Salaam. 

A civil suit filed by former deputy secretary general, Zitto Kabwe against Chama cha Demokrasia na Maendeleo (Chadema) will be mentioned today in the High Court.

In the suit, Zitto (pictured), who is also Kigoma North MP, is asking the court to restrain the Chadema Central Committee (CC) and any other subordinate party organs from deliberating, discussing or determining the issue of his membership until his appeal has been decided by the party’s governing council.

He also requests the court to order the Chadema secretary general to furnish him with a copy of the proceedings of the CC in relation to his case so that he can lodge his appeal to the party’s governing council.

In response, Chadema on January 22 filed a preliminary objection asking the Court to strike out the suit with costs.

Chadema, through advocates Tundu Lissu, Peter Kibatala and John Mallya gave seven grounds including that the suit “is incompetent in law because it has not been instituted in the lowest court with jurisdiction to hear and determine it as per Section 13 of the Civil Procedure Act.”

They alleged that the plaintiff (Zitto) has not applied to the High Court for its opinion on his question of his membership of the Chadema contrary to the Trustees Incorporation Act.

THE CITIZEN TANZANIA: