‘Disqualify thyself’ Madam, Counsel tells sitting judge

FAUSTINE KAPAMA

PARTIES to execution proceedings involving the Bank of Tanzania and FBME Bank Limited over 92bn/- payments to Coast Textiles Limited yesterday locked horns over whether High Court Judge Ama Munisi should disqualify herself from hearing the matter.

While advocate Joseph Rutabingwa, for Coast Textiles Limited, says that the matter be placed before another judge, arguing that his client has lost confidence on the judge, counsels Karim Rashid and Angelister Naashon, for BoT and FBME Bank, respectively rejected it.

The judge said she would deliver her ruling on the request on March 2. Advancing submissions to support his client’s position, Mr Rutabingwa explained that Coast Textiles Limited was concerned on the way the two applications, one of them filed under certificate of urgency, were being handled.

He submitted that both applications sought ‘ex-parte’ and ‘inter-parte’ hearing, charging that, on the September 15, 2016, Mr Rashid had since appeared ex-parte and obtained a ruling before the application was even endorsed for hearing.

In both applications, he submitted, Coast Textiles Limited raised some grounds of objections and, at some point, he had applied that the same (objections) be disposed of by way of written submissions and requested for security to avoid coming with an empty decree, but nothing was taken into consideration.

“My client thinks that justice cannot be seen to be done before your court. My client is of the view that he has not been fairly treated and therefore the matter be placed before another judge for determination,” the advocate submitted.

In response, advocates for the BoT and FBME told the judge that the allegations given were not only false but were also manufactured claims against the court and them as counsel for the opposing parties.

“This court should take action against the advocate who is behind all these false accusations against the court and counsel for the other parties. An advocate has a duty to the court and his client. The duty to the court … that of assisting it to reach a just decision … is paramount,” Mr Rashid submitted.