THE Petitioner for Kyerwa Constituency, Mr Benedict Mutungirehi, has said he intended to file an appeal to the Court of Appeal following dismissal of the petition by the High Court.
Mr Mutungirehi told reporters in Bukoba
town today morning that he was aggrieved with the High Court ruling and
intended to appeal to the Court of Appeal. Bukoba High Court Registrar,
Mr Seif Kulita, told this reporter at his office yesterday morning that
so far he had not received Mutungirehi’s appeal.
Judge Amaisario Munisi on Friday
dismissed the petition for Kyerwa Constituency for non compliance with
court order. The petitioner for Kyerwa Constituency, Mr Mutungirehi
(Chadema) was on Thursday ordered to ensure that the remaining 24
witnesses are available for hearing.
Advocate Ally Chamani on behalf of the
petitioner (Mutungilehi) had told the High Court that a total of 140
witnesses would be called to prove his case.
However, only 37 Affidavits were filed
with 103 Affidavits missing. During hearing of the petition 26
Affidavits were found defective while seven Affidavits were accepted as
exhibits.
Advocates Peter Matete and Aaron
Kabunga, on behalf of the first respondent, Mr Innocent Sebba Bilikwate
(CCM) strongly argued that the petitioner was applying delaying tactics
and prayed for last adjournment. Judge Munisi granted the prayer.
When hearing of the petition resumed on
Friday afternoon, Advocate Frank John, on behalf of the petitioner
(Mutungirehi) asked the High Court to allow him to make amendments on
Para 18 of the petition.
However, this was strongly objected by
Senior State Attorney, Mr Killey Mwitasi, on behalf of the Attorney
General, who argued that this would lead to abuse of the court process
taking into consideration that the petition was on hearing stage. Judge
Munisi denied the prayer and ruled in favour of Mr Mwitasi
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