TRA officer, three others risk jail term over contempt of court

Faustine Kapama

The High Court’s Land Division has summoned an officer with the Tanzania Revenue Authority (TRA), Mr Harrison Bimbiga and three others to show cause why they should not be condemned to prison as civil prisoners for contempt of court.

Other respondents are advocate Isaack Zake, busi-nessman Mohamed Seif Mzaka and H & Z Infinity Co. Limited.
According to a summons issued by the court last week, the respondents are required to appear tomorrow before Lady Justice Sophia Wambura.
They are alleged to have infringed a court order delivered on January 17, this year, in favour of the applicant, Dr Petron-illa Ngiloi, who is former Principal Medical Spe-cialist-Paediatric Surgeon at Muhimbili National Hospital.
Such Summons reads, “Whereas the above ap-plicant has instituted a suit against you (respondents), you are hereby summoned to appear in this court in person or by advocate or agent duly authorised on February 7, 2017 before S. A. N. Wambura J. to answer the said suit…”Advocate Emmanuel Kessy from Makoa Law Chambers, Advocates has filed an affidavit, on behalf of the applicant, to support the application in question, which also seeks punitive measures against not only the respondents, but also their agents, representatives and, or assignees.
The centre of the dispute, according to court documents, relates to four surveyed plots bearing a title issued by the Minis-try of Land and Human Settlement Developments allegedly owned by the ap-plicant located at Salasala areas in Kinondoni District.
Mr Bimbiga is report-edly the majority share-holder of the company, H & Z Infinity Co. Limited, holding seven percent out of 10 shares.
It is the company which is alleged to have bought the plot in dispute from Mr Mzaka, who is also claiming to be the owner.
Advocate Kessy stated that on September 30, last year, the District Land and Housing Tribunal for Kinondoni at Mwananya-mala entered a judgment and a decree declaring Mr Mzaka as the legal owner of the plot.Following the deci-sion, the applicant was aggrieved and filed an appeal on November 3, last year to the High Court’s Land Division.
The appeal before Judge Wambura is scheduled for mention on February 28.Despite the pending appeal at the High Court, the advocate claims, the re-spondents jointly and sev-erally sometimes in January this year started construc-tion on the disputed plot, compelling the applicant to file for injunctive orders
.On January 17, this year, the High Court issued an order restraining further development on the prem-ises, pending hearing of the application that had been scheduled for February 2, this year.
But, the respon-dents allegedly proceeded with speedy construction works on the plot.Dr Ngiloi claims to have acquired the area as a farm since 1996, but formalised the ownership in 1999 when the Dar es Salaam City authorities declared it as human settle-ment area.
She consulted the ministry of land where the farm was surveyed and divided into four surveyed plots.
The dispute over the areas emerged in 2009 when somebody called Mohamed Seif Mzaka came out, alleging that he is the legitimate owner of the plots that he had obtained from the village authority since 1971, sparking a dis-pute that landed before the District Land and Housing Tribunal for determination.