What you need to know:
- The counsel had also argued the suit was incompetent for having no board resolution allowing the firm to institute the suit and for being filed by the entity with no locus standi and for being presented prematurely.
Dar es Salaam. A court in Dar es Salaam has struck out a suit by Jambo Kwanza Limited, a clearing and forwarding agency that has been opposing an impending election of the board of registered trustees of Tanzania Freight Forwarders Association (TAFFA).
The Kisutu Resident Magistrate’s Court principal magistrate, Amir Msumi, has sided with TAFFA that the suit was bad in law, thus incompetent, for having a defective verification clause which does not disclose the source of information.
The ruling also came after a lawyer representing Jambo Kwanza, Elias Lugomela, conceded to some points of preliminary objections raised by counsel for TAFFA, Anindumi Semu, that the court lacked jurisdiction to entertain the suit.
“Following the concession by the counsel for the plaintiff on points of preliminary objections raised, this court holds that this suit is incompetent and it is hereby strike out with costs,” the magistrate said.
The Administrator General was named the second defendant in the suit.
Advocate Semu had told the court that the suit was bad in law for want of cause of action against his client (TAFFA) and for lacking statutory notice to sue the government as per section 6 (1) (2) and (3) of the Government Proceedings act.
The counsel had also argued the suit was incompetent for having no board resolution allowing the firm to institute the suit and for being filed by the entity with no locus standi and for being presented prematurely.
The plaintiff (Jambo Kwanza) had sought a declaration that the intended 2023 TAFFA election is unconstitutional for non-compliance with the association’s constitution.
The plaintiff had sought orders to compel administrator general of the Registration, Insolvency and Trusteeship Agency (RITA) to appoint interim leaders who will run the association until constitutional election to get proper leaders is done.
Mr Semu told the court that TAFFA members, through their Annual General Meeting (AGM) held at Golden Jubilee Hotel elected an Election Committee charged to, among other duties, prepare, supervise and count votes during election in 2023.
The said Committee, pursuant to the amended constitution of TAFFA of 1995, ought to be elected by members at Tri-Annual General Meeting (TAGM) after the Electoral Committee being first selected by members at the Annual General Meeting, at most one year prior the TAGM.
It was alleged, therefore, that the Election Committee was unlawful for non-compliance of TAFFA Constitution.
The Election Committee issued notice to all members of TAFFA on August 24, 2023, in respect of an election to be conducted on October 25, 2023, knowing that the move was unlawful, with no justification, authority and, or power from TAFFA constitution.
It was alleged further that the issuance of the notice was against TAFFA constitution, thus rendering the notice void.