Judegment Day At The High Court London

Judegment Day At The High Court London
Mengi v Hermitage: Libel Claim Successfully Defended

Thursday, 21 March 2013

Kikwete continues to condone Mengi’s corruption!


President Kikwete

Ignoring the criminality surrounding the Silverdale issue and calls for more investors to invest in Tanzania


The below illiterate article appearing in the Tanzanian part government owned newspaper the Daily News on 20th March 2013. It was written by one of journalist Peter Temba and illiterately describes unknown criminal offence that presumably only the writer understands but more importantly, shows that the Moshi courts are dealing with the lease to Silverdale an Mbono Farms in a manner that completely ignores the existent of British Investors Sarah Hermitage and Stewart Middleton.

The writer ignores the fact that they ever existed in Tanzania.

President Kikwete who has given his word to the British government that he would uphold the law in respect of Silverdale Farm just sits back and ignores the corruption of both Benjamin and Reginald Mengi in the Silverdale case  and calls for more investors to go to Tanzania.


DailyNews Online Edition - Daily News | Tanzania's Leading Online News Edition


Daily News


By Peter Temba

JUDGE-in-charge of the High Court of Tanzania, Moshi Registry, Stella Mugasha has warned the learned State Attorneys that in future they should act professionally and be of useful and meaningful assistance to the court as officers of the court.

A State Attorney should not seek from the court what is not obtainable under the law or mislead the court in a bid to please or succumb to pressures of complainants as it was the case in the matter at hand,” she cautioned. The warning emanated from a revision order in respect of temporary injunction issued in Criminal Case No. 177 of 2011 before the District Court of Moshi.

In the said criminal case, Mark Valentine Shayo, Godbless Uroki and Adonikam Lemah were charged with two counts of forcible entry and forcible detainment contrary to the law of the land.

The facts of the case as stated in the charge sheet are that on June 14, 2010, during day time, the accused jointly and together using violence in the manner likely to cause breach of peace, entered and took possession of Mbono and Silverdale farms, a charge to which they pleaded not guilty.

On September 14, 2012, Mr Julius Semali, learned State Attorney, sought and the trial court granted by orders restraining the accused persons not to enter, sell, rent or do anything on the farms until final determination of the criminal case. Moreover, the trial magistrate ordered parties to appoint a neutral party to run the activities of the farm.

This is what made this court to call the record of the criminal case so as to inspect the legality of, among other things, the temporary injunction issued by a court sitting in criminal jurisdiction,” Justice Mugasha observed.

Mr Apolo Maruma who represented the applicants against the respondent Republic in the High Court, submitted that the restraint order has been issued to the accused persons who do not own Mbono and Silverdale farms, as the farms are owned by three rural cooperative societies, namely Kyeeri, Uswaa Mamba and Shari that were not among the accused persons.

The restraint order is irregular and should be expunged from the record because it is geared at putting in jeopardy the poor members of the three rural cooperative societies who are entirely dependent on the said farms,” the learned counsel, Mr Maruma further submitted.

When Mr Semali was asked by the High Court about the validity of the restraint order issued in a criminal case, he replied that the prosecution sought the order after the complainant, Mr Benjamin Mengi, lodged a complaint to the police about the accused who had interfered in the activities of the farms.

After Justice Mugasha had nullified the two orders issued by the trial court as well as the proceedings relating to the two said orders, the same was expunged from the record of the said criminal case No 177 of 2011, she returned the file to the trial court and be assigned to another magistrate with competent jurisdiction.

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