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

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