THE Standard Printers and two other defendants have filed an objection, seeking dismissal of a defamation suit lodged by former cadre and leader of ruling Chama Cha Mapinduzi (CCM), Rajabu Mwilima Mfakwenda, over allegations that he is not a Tanzanian.
"The suit is bad in law and untenable in law" reads part of notice of objection in the defendants' written statement of defence filed at the Kisutu Resident Magistrate's Court in Dar es Salaam on March 8, this year, through legal services of Kings Law Chambers.
In the suit, Mr Mfakwenda, who was Mwananyamala Ward Chairman of CCM before being stripped of the post and subsequently dismissed from the party after being found that he is not a citizen, is demanding some damages following an article carried out in Hoja Newspaper regarding the matter.
But Advocate Emanuel Makene, for the defendants, including the Editor of the newspaper and its owner, Garment Publication Limited, states in the notice of objection that the suit in question is "res subjudice" in that a similar matter was pending before the High Court, District Registry in the city.
Before the High Court, Mr Mfakwenda is suing the editor of the newspaper and the writer of the highly contested article, Mr Songoro Mnyinge, demanding, among others, 920m/- damages. The article published between September 19 and 25, 2008, suggests that the plaintiff is a non citizen.
In the article, the newspaper relied on inside information from Immigration Department which proved that results of investigations carried out in and outside the country revealed that Mr Mfakwenda is not a Tanzanian citizen and has been informed of the outcome of the investigation in question.
According to the Kisutu Case, the plaintiff alleges that between June 22 and 28, the newspaper once again defamed him for publishing another article suggesting that the Immigration Department has warned CCM not to protect criminals and insisted that he was not a citizen and should be prosecuted.