Court allows Ilala, Kinondoni to hold barred mayoral elections
The
Kisutu Resident Magistrate’s Court in Dar es Salaam yesterday withdrew a
temporarily order that barred directors from Ilala and Kinondoni
Municipal Councils from conducting elections for Mayors and Deputy
Mayors lodged by a city resident and voter in the election, Elias
Philemon Nawera.
The decision was reached by Principal Resident Magistrate,
Respicious Mwijage after striking out the application for injunction.
Following the decision, the directors from the two Municipal Councils
are now free to conduct the elections any time as of today.
The magistrate said the applicant failed to serve the respondents
the application and certificate of urgency as ordered by the court.
He said the same urgency exhibited in filing the application that
led to serving of the interim order that barred the elections, ought to
have been to employed to serve the respondents and that way allow
hearing of the case to proceed.
“The only warning left for the applicant is to strike out the application with costs,” he said.
Advocate Antony Mahenge, for Kinondoni Municipal Council informed
the court the applicant delay served them with a copy of the document
and that when he got they discovered cross errors on part of locus stand
by the applicant.
According to that he requested the court to grant him time to file his answer to the petition.
Before the court reply the counsel respondent request, Nawera
informed the court that he was withdrawing the main petition having
taken into a number of factors.
Those factors including public interest, the importance of time on
election matters and the number of people affected for not having mayors
from the two municipals.
Elections of mayors and their deputies from the two municipal
councils had been scheduled to be held on January 9, this year, but
could not be conducted because Nawera had obtained an interim
injunction, restraining the Directors from the two municipals from
conducting elections.
SOURCE:
THE GUARDIAN