THE High Court’s Land Division is set to give a ruling today on application by seven people, who are seeking leave on behalf of 681 residents, to sue the government to challenge the demolition exercise.
Judge Penterine Kente was scheduled to
deliver the ruling, but he could not make it because he was still
preparing the same. The respondents in the case are the Kinondoni
Municipal Council, the National Environment Management Council (NEMC)
and the Attorney General (AG).
During hearing of the application,
Advocate Abubakar Salum, for the residents, requested the court to allow
the seven residents to file a representative suit, because it was not
practicable for all 681 residents to come to court to argue their
respective cases and defend their interests.
He told the court that if the seven
people would not be allowed to represent others it would be
inconvenience and unmanageable for the court to accommodate all the
residents who are likely to be affected by the government’s operation.
However, Principal State Attorney,
Gabriel Malata, for the respondents, countered the arguments presented
by the counsel for the applicants, submitting that they have not showed
any case that would be argued before the court if allowed to file the
case sought.
He told the court that the applicants
have come to court with dirty hands, alleging that they had invaded the
areas where they were staying and that those places are hazardous and,
thus unsuitable to live.
According to the state attorney, the
government was acting in good faith with a view of protecting the
residents’ life and properties.
He submitted, therefore, that it would
be proper for the court to allow the government to continue with the
operation for the benefits of the residents themselves.
The applicants, who was seeking leave of
the court to allow them to file the representative suit on behalf of
the others are Ally Kondo Mshindo, Agness Mshamu Machalia, Sanura Ally
Abeid, Sultan Ally, Mussa Hassan Digumbi, Godwin Cathbert and Rene Duma.
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