Tundu Lissu, Singida East MP
The Appeal Court reached the decision after dismissing a request filed by the prosecution side.
The prosecution led recently by Wasonga Advocates filed a notice of appeal to the Appeal Court, asking it to review the verdict issued by the High Court of Tanzania in Dodoma that favoured the opposition MP.
However, it later transpired that the two plaintiffs, who appeared at the High Court during the hearing, had sworn not to appeal against the ruling, prompting the prosecution side led by Wassonga Advocates to ask the Court of Appeal to dismiss the notice of appeal through a special request.
Yesterday, the Court of Appeal judges, Dodoma Zone, sat to decide on the withdrawal request, upholding the verdict issued by the High Court on April 27 last year.
That aside, the Court of Appeal ruled out that the two plaintiffs should pay all the costs incurred. The second plaintiff was ordered to pay the costs incurred of the Court of Appeal.
The two plaintiffs are Shaban Salema and Pascal Halu who in different periods had pulled out from continuing with the case.
The decision by the Court of Appeal was reached after the two plaintiffs pulled out from the case No 49/2013 that was being heard by a panel of three judges, led by Judge Angela Kileo, Salum Massati and Natalia Kimaro of the same court.
While ruling out the verdict Judge Kileo said the court has accepted the request to remove the appeal by section 4(a) and (d) of the court’s standing order of 2009.
“As per the order 4(a)(d) of the orders of the Court of Appeal of 2009, we have agreed the appeal be removed,” said Judge Kileo
Furthermore, he said alongside the verdict, the second plaintiff Pascal Halu will pay all the costs incurred by Court due to delays he caused to issue a notice at specified time, declining to continue with the case.
“The costs of conducting the case will be paid by the second plaintiff…at the High Court all costs will be paid by both of them as earlier ruled out by the High Court,” said Judge Kileo
Earlier, during the proceedings the two plaintiffs were represented by advocate Godfrey Wassonga, the Judge said the court couldn’t continue with the proceedings as the plaintiffs had pulled out on their own accord.
A legal matter emerged as to who would pay the costs. Legislator Tundu Lissu who represented himself in the defense wanted the court to rule out an advocate defending them to pay all the costs incurred.