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Court halts demolition of Masaki building
2006-05-24 09:47:18
By Keregero Keregero
The Land Division of the High Court of Tanzania has ordered parties to the disputed Masaki Building complex civil case to restrain themselves from carrying out any demolition, pending hearing and determination of the defendant’s application.
The order, which favoured the owner of the building, M/S Empire Properties Ltd, who was represented by lawyers Bundala Kalolo and Amour Khamis, was granted yesterday by Judge Engela Kileo.
’’Having taken into consideration the requirements of the law, it is in the interest of justice that I order both parties to restrain from carrying out further demolition,’’ Judge Kileo said.
Kinondoni Municipal Council, which is the plaintiff in the main case, had gone to court, through its lawyer Johnson Jasson, seeking the court’s order for demolition of the monumental building located on plot No.383 along Oysterbay’s Toure Drive in Dar es Salaam.
However, disgruntled with vandalism carried on the building and the request by the plaintiff to have it pulled down, Empire Properties Ltd filed an application, seeking a court’s order to restrain the plaintiff from demolishing the building, pending hearing and determination of the matter.
The case was held in camera but the ruling was held in public.
Judge Kileo ordered the council to file its counter affidavit, written statement of defence and an amended plaint by June 30th this year.
In the same vein, the applicant, Empire Properties Ltd, was directed to tender its reply on June 6th this year for hearing to begin on June 7th this year.
Earlier in the day, the applicant had asked the court to grant them the required order in the absence of the council, saying the latter had refused to receive the summonses sent to them.
However, the judge refused to grant the order saying the applicant had erred in the course of serving summonses to the defendant.
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