Bid to bar TLS meeting hits snag
The High Court in Dar es Salaam yesterday refused to issue interim orders, restraining the Tanganyika Law Society (TLS) from holding its Annual General Meeting (AGM) slated for March 18, this year.
A panel comprising judges Rose Temba, Beatrice Mutungi and Ignas Kitusi, ruled in favour of TLS after rejecting an oral application made by a member of the bar, Mr Onesmo Mpinzile, as applicant.
The judges ruled that the applicant failed to provide sufficient reasons to support his application, including but not limited at showing irreparable loss that he would suffer if the meeting is conducted.
Through his advocate Emmanuel Makene, the applicant had requested the court to issue the interim order, pending hearing and determination of a petition he has filed before the court on the conduct of the meeting.
Such application was vehemently opposed by a team of advocates for TLS comprising Ms Zahran Sinare, Mr Jeremiah Mtobesya and Mr Hamis Tika. The Attorney General (AG), who is also a party to the proceedings, was represented by Principal State Attorney Sarah Mwipopo.
The advocates told the court that the applicant has not advanced sufficient reasons to empower the court to grant the interim orders, notably showing loss he would suffer and on the balance of probability that he would suffer irreparably more than TLS if the meeting would be conducted.
They had submitted further that there were three other individuals who have applied to be joined in the matter as interested parties.
They are advocates Tundu Lissu, Lawrence Masha and Jamhuri Johnson. According to TLS lawyers, it would amount to condemning the trio unheard if the court would entertain the application for temporary injunction. The three interested parties are represented by advocate Peter Kibatala in the matter.
After overruling the request in question, the judges ordered the interested parties to serve other parties with the necessary documents by today morning. They ordered the hearing today at noon on the application on whether the three advocates should be joined in the matter or not.
In the petition, the applicant is seeking to challenge TLS rules that were signed by the then President Charles Rwechungura, while he had no such powers.
He claims that at the time such rules were signed in December, last year, Mr Rwechungura had ceased to be the President of local bar association. Mr Rwechungura, a seasoned lawyer in the country, ceased to be the president of TLS in February, last year. He was succeeded by another advocate, Mr John Seka.