High Court to rule on Rev Lwakatare mansion Jan 28.

RULING on whether to demolish or spare the much debated mansion that belongs to renownedRULING on whether to demolish or spare the much debated mansion that belongs to renowned Reverend Getrude Lwakatare’s son will be made in the next six days (Jan 28).

 

 Rev Lwakatare’s son, Robert Brighton, yesterday appeared before the High Court of Tanzania’s (Land Division) where he sought dismissal of a review application by the National Environmental Management Council (NEMC) on the demolition of his house.

 

Advocate Emmanuel Augustino, Brighton, claimed that NEMC utterly failed to observe procedures in filing of the application.

 

Brighton, is also seeking an extension of time to file yet another request for review of the ‘consent judgment’ (decision reached by a court upon the agreement of all parties involved in a suit)on the demolition of his house located at Kawe Beach in Dar es Salaam.

 

In the reply to the submission made by Principal State Attorney Gabriel Malata who represents NEMC, defence advocate Augustino claimed that the applicant did give sufficinet as to why the court should not pass their request for more time.

 

He said NEMC Director General Bonventure Baya admitted that he got the reconciliation information on October 23, last year.

 

“However, NEMC filed the application for review on December 29, last year-that is 60 days since they received the agreement yet the law demands it be filed within 30 days,” he argued.

 

For his part, Malata went on to ask the court to accept their application saying the person who signed the consent judgment  back in May 15, last year on behalf of NEMC did it without informing his employer and without permission  from neither his chief executive nor the board of directors who had the final say.

 

Malata further claimed that NEMC discovered issues pertaining to the reconciliation only in December last year when perusing the file case of the said house.

 

 “We discovered this out of time that’s why the applicant decided to submit the application before the court to be allowed to present an application for review of the consent judgment out of time," Malata claimed.

 

Given the circumstances, Justice Gadi Mjemmas adjourned the case to January 28, this year when it will come up for the ruling.

s son will be made in the next six days (Jan 28).

 

 Rev Lwakatare’s son, Robert Brighton, yesterday appeared before the High Court of Tanzania’s (Land Division) where he sought dismissal of a review application by the National Environmental Management Council (NEMC) on the demolition of his house.

 

Advocate Emmanuel Augustino, Brighton, claimed that NEMC utterly failed to observe procedures in filing of the application.

 

Brighton, is also seeking an extension of time to file yet another request for review of the ‘consent judgment’ (decision reached by a court upon the agreement of all parties involved in a suit)on the demolition of his house located at Kawe Beach in Dar es Salaam.

 

In the reply to the submission made by Principal State Attorney Gabriel Malata who represents NEMC, defence advocate Augustino claimed that the applicant did give sufficinet as to why the court should not pass their request for more time.

 

He said NEMC Director General Bonventure Baya admitted that he got the reconciliation information on October 23, last year.

 

“However, NEMC filed the application for review on December 29, last year-that is 60 days since they received the agreement yet the law demands it be filed within 30 days,” he argued.

 

For his part, Malata went on to ask the court to accept their application saying the person who signed the consent judgment  back in May 15, last year on behalf of NEMC did it without informing his employer and without permission  from neither his chief executive nor the board of directors who had the final say.

 

Malata further claimed that NEMC discovered issues pertaining to the reconciliation only in December last year when perusing the file case of the said house.

 

 “We discovered this out of time that’s why the applicant decided to submit the application before the court to be allowed to present an application for review of the consent judgment out of time," Malata claimed.

 

Given the circumstances, Justice Gadi Mjemmas adjourned the case to January 28, this year when it will come up for the ruling.