High Court of Tanzania, Division of Land has commanded NHC
not to sell or to auction the property of Freeman Mbowe, chairman of Chadema,
until the base case is completed, writes Faki Sosi.
The organization took various properties from Mbowe's
companies last week by agents of the company Fosters Auctioneers in an existing
building Mkwepu intersection of streets and Indira Gandhi (Makunganya) in Dsm.
The move of the NHC was due to the protracted dispute,
accusing Mbowe failed to pay a debt of more than Sh. 1.3 billion, that was the
total tax money is hosted in the building. Due to the tension, Mbowe had opened the case in the Supreme
Court, Division of Land, to protest the NHC action to remove him from the
building, as well as taking his property while declaring blowing of the auction
after 14 days from the bearing.
Today, Judge Siyovelwa Mwangasi has given withholding and directs
the NHC to sell not Mbowe's properties until the court to make decision in the
base case. In this case number 722 of 2016, Mbowe represented by
lawyers, Peter Kibatala and Omary Msemo. NHC side through his lawyers Aloyce
Sekule and Miriam Mungula failed to submit base arguments to explain, why that
withholding may be given until the base case begins hearing. First, advocates
of NHC claimed that the court does not have jurisdiction to hear applications
for Mbowe because no basis case which is opened, so the application be discarded.
While attorney Kibatala responding to move it to say, the
point of submitting the application aims is to determine whether it really
Mbowe owes taxes or not. Kibatala has claimed that the court has jurisdiction to hear
the case, it may produce any decision, and that is why they have submitted such
an application to be given an interim order to prevent the process.
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