Joseph Isangura
The High Court of Tanzania, Dar es Salaam Sub-Registry, has dismissed preliminary objections seeking to block opposition figure Tundu Lissu from being joined in an ongoing property division case involving senior officials of Chama cha Demokrasia na Maendeleo (CHADEMA).
The ruling, delivered on Monday by Justice Hamidu Mwanga, clears the way for Lissu to be formally included in the substantive proceedings, marking a significant procedural development in a case that has attracted wide political and legal interest.
The objections had been filed by Said Issa Mohammed and other applicants who argued that Lissu lacked the legal standing — commonly referred to as locus standi — to participate in the matter. They contended that he had not demonstrated sufficient interest to justify his inclusion in the property dispute, which involves the party’s Secretary General and its Board of Trustees.
A second objection questioned the credibility of certain statements contained in Lissu’s sworn affidavit. The applicants claimed that some of the information cited by him had not been properly sourced, particularly given that he is currently in custody.
However, in his ruling, Justice Mwanga stated that both objections hinged heavily on matters that require evidentiary examination, which should properly be addressed during the full hearing of the main case rather than at a preliminary stage.
“In determining whether the applicant has sufficient interest in the matter, the court must examine evidence,” the judge noted. “Such examination is more appropriately undertaken during the substantive hearing of the case.”
Legal observers say the decision reinforces the principle that preliminary objections should not delve into contested facts that demand proof. Instead, such matters must be resolved through the presentation of evidence and cross-examination during the main trial.
Also Read; Saudi Arabia Denies Lobbying Trump to Attack Iran
The court also directed prison authorities to ensure that Lissu is produced before the court this Friday at 9:00 a.m. local time, when the application proceedings are scheduled to begin.
The case centers on internal disputes related to property ownership and management within the opposition party. While details of the contested assets have not been fully disclosed in open court, the proceedings are being closely followed due to their broader political implications.
Analysts note that internal governance disputes within major political parties often carry consequences beyond legal technicalities, particularly in emerging democracies where party structures play a central role in shaping national politics.
The High Court’s ruling does not determine the merits of the underlying property dispute. Instead, it addresses whether Lissu may participate in the proceedings — a threshold issue that now appears settled in his favor.
As the matter moves into the substantive phase, attention is expected to shift toward the evidence each side will present to support their claims. The upcoming hearings could provide further clarity on the internal legal and administrative frameworks governing political party assets in Tanzania.
For now, the dismissal of the objections signals that the court intends to allow the case to proceed on its merits rather than being curtailed by procedural barriers.
