12 November 2012

Tanzania: Moravian Church Saga Lands in High Court

A CIVIL case involving the ousted Chairman of the Moravian Church, Eastern Zone, Rev Clement Fumbo, has been opened at the High Court of Tanzania, Dar es Salaam Zone.

The case is about Rev Fumbo's suspension and eventual removal from his position as the Board Chairman of the Moravian Church Eastern Province. The case No 222 of 2012 has been scheduled for mention on the 6th of December 2012 before Judge Augustine Mwarija.

Plaintiffs in the said suit are: Rev Clement Fumbo, Rev Fred Lwitiko Mwakyusa, Rev Mosted Asungwile Kibona, Rev Nyambilila Lwaga, Mr Nelson Ngajiro, Mr Devis Jana Mwaikambo, Mr Mathew Nsangalufu Mwasiposya and Mr Aliko Josani Mwakatumbula.

They are claiming inter alia that the defendants who are, Rev Saul Kajula, Rev Clement Mwaitebele, Moravian Church Eastern Zone and Board of Trustee, Rungwe Province Zone, without any iota of right, at the diverse period of time, suspended and also terminated Rev Fumbo from his position as chairman of the board and also terminated the Fourth Plaintiff herein from her position as treasurer.

The plaintiffs through their advocate, Benjamin Mwakagamba of BM Attorneys further claim that they are representing members of the church who are not happy with the way defendants are doing things without following proper procedures and that their decision has nothing rather than dividing the church into two parties.

According to the said plaint, on October 6 this year, the Synod meeting held in Morogoro that decided to take those measures was illegitimate because it was summoned by the Vice- Chairman (the first defendant) who, according to their constitution, does not have the mandate to do so.

It is further alleged that the first and the fourth plaintiffs were neither invited nor given a charge sheet for allegations raised against them or chance to attend the meeting nor allowed to defend themselves on allegations raised against them thus this is contrary to the principles of natural justice, of the right to be heard.

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