ally saleh vs executive officer registration insolvency trusteeship agency others 2019 tzca 570 14 january 2019

ally saleh vs executive officer registration insolvency trusteeship agency others 2019 tzca 570 14 january 2019

Neither the application authorized nor the one rejected met the statutory requirements for lawful appointment and registration of trustees under section 17(1) of the Trustees' Incorporation Act. The first respondent failed to ensure compliance with procedural and substantive requirements, including evidence of lawful meetings and monitoring by government authorities. Therefore, none of the persons authorized as trustees ought to have been so authorized, except for those whose tenure had expired and whose status must be addressed by the first respondent according to law.

Citation
ally saleh vs executive officer registration insolvency trusteeship agency others 2019 tzca 570 14 january 2019
Parties
Petitioner: Hon. Ally Saleh; 1st Respondent: Executive Officer, Registration, Insolvency and Trusteeship Agency; 2nd Respondent: The Registered Trustees of the Civic United Front (CUF-Chama Cha Wananchi); 3rd Respondent: Peter M. Malebo; 4th Respondent: Thomas D. C. Malima; 5th Respondent: Hajira O. Silia; 6th Respondent: Aziz I. Dangesh; 7th Respondent: Amina T. Mshamu; 8th Respondent: Abdul R. Magomba; 9th Respondent: Asha S. Suleimani; 10th Respondent: Salha H. Mohamed; 11th Respondent: Suleiman M. Issa; 12th Respondent: Mussa Haji Kombo; 13th Respondent: Hon. Abdallah Said Khatau; 14th Respondent: Hon. Joran Lwehabura Bashange; 15th Respondent: Hon. Ali Mbarak Suleiman; 16th Respondent: Hon. Juma Ameir Muchi; 17th Respondent: Hon. Mohamed Nassor Mohamed; 18th Respondent: Hon. Yohana Suleiman Mbelwa
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
14 January 2019
Procedural Posture
Miscellaneous Civil Cause / Final Judgment
Outcome
petition partly allowed
Legal Topics
Appointment of Trustees, Validity of Board Appointments, Procedural Compliance, Party Constitution Interpretation, Injunctions
Source Language
English
Trusts Corporate Governance Political Parties Law Appointment of Trustees Validity of Board Appointments Procedural Compliance Party Constitution Interpretation Injunctions

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Parties

Hon. Ally Saleh

Petitioner

Executive Officer, Registration, Insolvency and Trusteeship Agency

1st Respondent

The Registered Trustees of the Civic United Front (CUF-Chama Cha Wananchi)

2nd Respondent

Peter M. Malebo

3rd Respondent

Thomas D. C. Malima

4th Respondent

Hajira O. Silia

5th Respondent

Aziz I. Dangesh

6th Respondent

Amina T. Mshamu

7th Respondent

Abdul R. Magomba

8th Respondent

Asha S. Suleimani

9th Respondent

Salha H. Mohamed

10th Respondent

Suleiman M. Issa

11th Respondent

Mussa Haji Kombo

12th Respondent

Hon. Abdallah Said Khatau

13th Respondent

Hon. Joran Lwehabura Bashange

14th Respondent

Hon. Ali Mbarak Suleiman

15th Respondent

Hon. Juma Ameir Muchi

16th Respondent

Hon. Mohamed Nassor Mohamed

17th Respondent

Hon. Yohana Suleiman Mbelwa

18th Respondent

Procedural Posture

Miscellaneous Civil Cause / Final Judgment

Legal Issues

  1. 1 Whether the party has a legally registered Board of Trustees
  2. 2 Whether there are legally appointed members of the Board of Trustees appointed in accordance with the law
  3. 3 Whether the 3rd-12th respondents qualify in law to be registered as members of the Board of Trustees

Ratio Decidendi

Neither the application authorized nor the one rejected met the statutory requirements for lawful appointment and registration of trustees under section 17(1) of the Trustees' Incorporation Act. The first respondent failed to ensure compliance with procedural and substantive requirements, including evidence of lawful meetings and monitoring by government authorities. Therefore, none of the persons authorized as trustees ought to have been so authorized, except for those whose tenure had expired and whose status must be addressed by the first respondent according to law.

Court Disposition

petition partly allowed

Orders

  • Declaratory opinion issued: none of the persons authorized as trustees ought to have been so authorized except for those whose tenure expired.
  • No order for permanent injunction granted.