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CCM presidential aspirant seeks arrest of a businessman
2005-04-21 08:41:54
By Keregero Keregero
A CCM presidential aspirant, John Paul Shibuda, has filed a civil case at KisutuResident Magistrate’s Court in Dar es Salaam claiming for 80m/- damages for the loss suffered due to non-payment of outstanding financial dues.
His lawyer, Hassan Kilule, filed the case, which was heard yesterday by Resident Magistrate Emmanuel Saffari, on Monday this week, under a certificate of urgency .
Shibuda claims 40m/- as general damages and another 40m/- as special damages suffered from the Director of Clear Channel, Russel Stuart and Clear Channel company as defendants. All the defendants were not in Court.
Apparently labouring under the notion that Stuart was due to leave for South Africa today and that the execution of the present matter could be jeopardised by his absence, Shibuda applied to the court for an order to arrest him so that he could deposit security to the court.
He had also requested the court to restrain him from travelling to South Africa.
However, the magistrate turned down the application, saying he found no substance in the argument raised by the plaintiff’s lawyer.
Safari held that the director’s departure to South Africa, if any was not material to the issue in question because Shibuda could still claim compensation from the Clear Channel Company being a registered company with its offices established in Dar es Salaam.
“I find no substance in the matter and, accordingly, dismiss the application,” he said.
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