THE High Court’s Land Division has allowed the National Environment Management Council (NEMC) to challenge the consent judgment entered by parties in relation the house situated at Kawe Beach in Dar es Salaam, which is occupied by Rev. Getrude Rwakatare.
Judge Gadi Mjemmas ruled in favour of
NEMC last week after granting an application for extension of time to
file another application for review of the consent judgment dated May
15, 2015, over the house owned by Rwakatare’s son, Mr Robert Brighton.
“Considering the affidavits filed, the
applicant (NEMC) has demonstrated sufficient grounds to warrant the
grant of the application. The applicants are to file the application
within seven days of this ruling,” the judge declared.
In his submission to oppose the
application, Advocate Emanuel Augustino Muga, for Rwakatare’s son, had
requested the court to dismiss with costs the application because NEMC
has not advanced sufficient reasons to justify the extension of time
sought.
He submitted that as per affidavit sworn
by the boss of NEMC to support their application in question, the
Management became aware of the consent judgment on October 23, last
year, but took no action.
Advocate Muga submitted that in terms of
section 26 of the Law of Limitation Act, NEMC ought to have taken any
step thereafter within 30 days. But, he explained, they waited until
December 29, last year, when NEMC decided to file the application in
question, which was almost 60 days.
However, Principal State Attorney
Gabriel Malata, for NEMC, told the court that they were seeking such
extension of time because they thought there were some illegalities on
the way the consent judgment was procured.
He submitted that the deed of settlement
regarding the dispute involving the house, which is the subject of the
litigation, was concluded without the approval and knowledge of NEMC.
According to him, there was concealment of such judgment after it was
entered.
The state attorney, therefore, requested
the court to grant the application to allow NEMC to show such
illegalities of the judgment and the incompetence of the person who had
appealed for the Council to conclude the settlement in the matter.
In the consent judgment, the court
stopped the house owner from making any expansion to the building, which
could affect integrity of mangroves that are located opposite to the
said plots and should neither block the course of River Ndumbwe nor
divert it to create floods in surrounding areas.
On the other hand, the court directed
NEMC and its sectoral stakeholders from permanently desist, cease and
stop forthwith from interfering with the house owner’s peaceful
enjoyment of the property and any other agents, heirs and assignees with
NEMC were bound by the terms of the judgment.
NEMC’s sectoral stakeholders include the
Ministry of Lands, Housing and Human Development Settlement, Ministry
of Tourism and Natural Resources, Ministry of Water and Irrigation, the
Dar es Salaam City Council and the Kinondoni Municipal Council
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