THE Kisutu Resident Magistrate's Court in Dar es Salaam is expected today to deliver the highly awaited judgment in the trial of Secretary of the Council of Islamic Organisation, Sheikh Ponda Issa Ponda and 49 others.
In the case, Sheikh Ponda and his co-accused are facing five counts, including conspiracy to commit an offence, forcible entry and detainer, stealing and inciting the commission of offence. The prosecution had alleged that at unknown date in the city, all the accused conspired to commit an offence.
On October 12, last year, at Chang'ombe Markas area in Temeke District in a violent manner and without colour of right, the accused persons entered on a piece of land belonging to Agritanza Limited in order to take possession thereof.
"All accused persons between October 12 and 16, 2012 at Chang'ombe Markas area within Temeke District in Dar es Salaam Region, without colour of right and in a manner likely to cause a breach of peace did hold possession of land lawful occupied by Agritanza Limited," the prosecution further alleged.
It is claimed also that within the same period and place, they stole various building materials, including 1,500 bricks, 36 tons of gravel and iron bars, all valued at 59,650,000/-, property of the company. Ponda was charged with additional count with another accused person Mukadamu Abdallah Swalehe of inciting others to commit an offence.
The prosecution had told the court that the duo committed the offence between October 12 and 16, last year at the same area. Other accused in the case are Kuluthum Mfaume, Zainabu Mohamed, Zaidah Yusuph, Juma Tabu Mpanga, Farida John Lukoko, alias Bibi, Adam Ramadhani Makilika, Athumani Salum, alias Chao, Selemani Abrahiman Wajumbe, alias Chinga and Salum Mzee Juma.
The rest are Salum Ali Mkwasu, Ramha Hamza, Halima Abasi, alias Pazi, Maua Omary Mdumil, Fatihiya Habibu, alias Abdullahman, Husein Ally Huseni, Shabani Ramadhani, Hamisi Mohamed, alias Tegatege, Rashid Ramadhani, Yusupf Athumani Penza and Alawi Mussa Alawi.
In the same list are Ramadhani Rashid Mlali, Omary Ismail, Salm Abdulratif, alias Nkya, Khalid Issah Abdallah, Said Rashi Ally, Feswali Bakari, alias Hussein, Issa Wahabu, alias Msuya, Ally Mohamed Musa, Mohamed Ramadhani and Abdallah Haule Senza. Others are Juma Hasani, Mwanaomary Makuka, alias Bibi Osu, Omari Bakari, Hamza Ramadhani Babu Mrope, Ayubu Juma, alias Baba Sala, Maulidi Namdeka, Farahan Jamal, alias Abdallah, Swalehe Mdulidi, alias Rabia and Jumanne Mussa.
The same list also consists of Salum Abdallah Mohamed, Hamis Halidi, alias Mfyomi, Dite Bilali, alias Waikela, Amiri Said, alias idd, Juma Yasin, alias Ally, Athumani Rashid, alias Suleiman, Rukaia Yusuph, Abubakari Shabani Juma and Ally Shabani Salehe.
In an attempt to prove the charges against the accused, the prosecution called 16 witnesses, among them officials of the Muslim Council of Tanzania (Bakwata), alleged owners of the plot in question and police detectives, who arrested the accused at the scene of crime.