.

/ MAGISTRATE COURT OF MBEYA

, IN TlIE RESIDENT
ATMBEYA

MISC CIVIL APPLICATION NO. 02 OF 2019

(Originating from Civil C~se No. 4 / 2019

At Mbeya Reside n t Magistrate Court)

SIMON DATSAN MASASI. ... .... .... ...... ......... .. .... ... · - 1::
ISLAM IDDY RAJABU .......... VERSUS ...................2
:::t:~:;
THE BOARD OF REGISTERED TRUSTEES OF
YOUNG AFRICANS SPORTS CLUB (it:, YANGA ..... 1 s T RESPONDENT

THE REGISTERED TRUSTEES OF THE

TANZANIA FOOTBALL FEDERATION (TFF) ...... 2 N° RESPONDENT

INTERIM ORDER

1 J•h &. J J•h J an u u r_\ . 20 I <.l

BEFORE: P. D. NTUMO - Esq. PRM

The applicants Simon Datsan Masasi and Islam [ddy Rajab \.\'ho are
hercinuftu referred tu as the 1<;t and 2 ml applicants respecti\'ely
lrnn: made.: Lhi~ ,1pplication against the respondents the Board of

Registered Trus tees of Young :\fricm1s Spurts Club r~ \' ,-\ NGA a nd

The Registered Tru stees of the Tm1zanio Football Federa tion (TFF)
lwreinafter rt>ft>rrt>d to a s the l ' L and .:2=1, 1 n:spondc nt:s , respectively .
Thl' Chc1m btT Ap plica t ion is m a d e under section 68 (e) . 95 and
•rJc-r _\_\_\\.II Rule 1 (l l of Ci\'il Procedure Code . Cap 33 Ren sccl
1

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 Edition 2 002 seeking the a ssista nce of t his Court with I he fr,llowing
orders:~

EX PARTE ORDER

I 1. This Hounarable Court be pleased to d ispense \vith the

requirem ent of the n otice to the respon den ts and issu e
temporary injunction t o restrain the responden ts from
conducting the election of Young Africans Sp orts Clu b n.1

Young ( 1~l respondent) scheduled to be conducted on th e 13 th

J a nua ry 2 01 9 pendin g th e h earing of this a pplication inter
p artie s .
2 . Any other or further relief(s) th e Court may deem fi t to grant.

INTER-PARTIES

1. This Houna rable Court b e pleased to issu e te mpor a ry

injunction to res train the r espondents fr om conductin g th e
election of Young Africans Sports Clu b r'[i.. YA.NCiA ( l "'
responden t) sch edule to b e conducted on th e 13 th ,Jan uan
2 01 9 p ending h earing a n d fi nal dete rmin a tion of t he main
suit, Civil Case No. 4/ 2 01 9 which is pen din g be fore this Coun
2 . Costs of this application t o b e borne by the respon d en t s
3 . Any other or further re lief(s) th e court m a:,.' d eem fi t to gran t.

rf" The main suit in question is Civil suit No . 4/ 20 19 which i~ pending

in this Court.

The application is supported with a n affidaYit duly ckponed rn b,

the applicants.
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The applicants ..n-e enjoying the serv1c~s of Baraka Mbwilo. [saya
!\h, anri a11cl Stanry Julius. messicrs. learned advocates of Mbwilo
:\ch·ocatt'~ . t\'lr . Baraka Mbwilo argued the application . He stated
that tht~ respondents have planned to conduct the elections of the
1-.t respondent on the 13th January 2019 which day is on Sunday
which ,vi\l render the main suit useless as it will come to an end
unheard and determined.

Mr. Baraka Mbwilo also prays this Court to sweep its eyes on the
grounds enlisted in the supporting affidavits, which are mainly
thirteen:

The reasons therein allege on illegalities made by the respondents

(defendants in the main case) in the whole process of conducting
the 1s t respondent's election.

These include, but not limited to, the 2 nd respondent's unla\\iul

preparing and supervising the processes of election, the 2nd
respondents acts of conquering the powers of the 1s t respondents
Electoral Committee without justification and the use of threats.
and force by the 2 nd respondent to intln1idate the applicants and
others in the election processes.

I have thoroughly gone through the whole accompanying affidavit in

support of the application and h eard the sub1nission . l find that
the grounds r a ised therein a nd argued by Mr. Baraka ?llb"·ilo.
learned advocate , as state above, hav(' merits and l find no reasons

as to why I should not allow it.

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,f
If is thus \)rdcred that the respondents are restrained from
conducting the clc-ction of Young Africans Sports Club 0 YA NG/\
scheduled to be conducted on the 13111 January 2019 pending the
hl'aring and determination of the application inter parties.

l make no order as to costs.

P.O . Ntumo- PRM

11/1/2019

Order dtliverccl in chambers in the presence of the applicants and

their respective learned advocates on this 11 th day of January 2019.

P.D. Ntumo - PRM

114::lJ~Ql.9 L, .~ {
- -.JT M4Gt
Ma€yJ\ STRATE;

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