Mbowe loses High Court case in Dar against eviction

19Oct 2016
Karama Kenyunko
The Guardian
Mbowe loses High Court case in Dar against eviction

The High Court Land Division in Dar es Salaam yesterday dismissed without costs the application filed by a prominent businessman Freeman Mbowe who wanted the court to allow him retake the property he owns in the city centre following his eviction due to rent arrears amounting to 1.3bn/- owed to the

Freeman Mbowe

Judge Sivangilwa Mwangesi took about one hour to read the ruling.

Mbowe who also doubles as the national chairman of the main opposition party Chadema, through his advocates Peter Kibatala, Omary Msemo and John Mallya filed the application immediately after the ruling and asked the court to give them the case proceedings so that they can appeal. The advocates appealed to the court to bar any activities in the building pending the ruling of of their appeal.

In the application Mbowe through his Company, Mbowe Hotels Limited filed a case number 722 against NHC where among other things, he asked the court to order NHC and Foster Auctioneers and General Traders Auction to restore him to the property claiming the eviction conducted on September 1, this year was against the law.

Mbowe’s advocate Kibatala claimed that the law was not followed during the eviction because his client was not served with a notice and that he was evicted without a court order.

He also asked the court to order return of his property following the eviction through the said auction company.

The application further claimed that Mbowe was illegally evicted from the building because the auctioneer sent by NHC was not registered and hence not recognised by the registrar of the court.

Reading the ruling Judge Mwangesi said that, the court after going through the submission by both sides (respondent and applicants), was satisfied with various arguments including the absence of a joint venture agreement between NHC and Mbowe Hotels Limited and that the only existing relationships was tenant and landlord.

He added that the court was satisfied without any reasonable doubt that NHC followed all the procedures to evict Mbowe Hotels Limited through 30 days notice that was issued two times and later given more 14 days.

In the ruling that was attended by Chadema members, Judge Mwangesi said that the arguments about the validity of the brokerage firm (Foster Auctioneers and General Traders) in implementing the process does not hold water.
He added that NHC used the said firm’s broker through tribunal broker and that if was not registered the respondents were supposed to communicate with the tribunal broker.

On September 1, the NHC auctioneers attached properties in the building that houses the popular Bilicanas Club and Free Media Limited, the publishers of Tanzania Daima newspaper, both owned by Mbowe following an occupancy dispute between the two sides.

Earlier September, Mbowe told the journalists that he was not a tenant in the building in question claiming that he owns 75 per cent since 1997.

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