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The High Court dismissed a petition challenging a 2015 mosque trustees election, holding the dispute was overtaken by events and that internal remedies were not exhausted.
The respondent, as a registered body corporate, had locus standi to sue. The election of trustees supervised and conducted by BAKWATA was null and void as it contravened the respondent's Constitution, which vests the power to elect trustees in the General Meeting of the Community. The trial court properly evaluated the evidence. However, in view of the relationship between the parties, the award of costs to the respondent was improper.
Source excerpt
The court held that neither group of trustees (Plaintiff's or Defendants') was lawfully elected or registered in accordance with the 1987 Constitution of the Methodist Church in Tanzania and the Trustees' Incorporation Act. The 2008 amendments to the Constitution were invalid, and the church was without lawful trustees from 1996 to 2012. The court declared the Plaintiff the owner of the suit properties, vested all church properties in the Public Trustee until lawful trustees are elected per the 1987 Constitution, and permanently restrained both groups from dealing with the properties.
Source excerpt
The Registered Trustees of Manyema Masjid, upon incorporation, lawfully assumed responsibility for the management and disciplinary matters of the Masjid, including the authority to terminate the appellant's service as Imam for acts committed prior to their incorporation, as they continued the same objectives and activities as the predecessor committee.
Source excerpt
The Registered Trustees of Manyema Masjid, upon incorporation, lawfully succeeded to the management and disciplinary authority over the Masjid and its personnel, including the appellant, and were empowered to terminate his service as Imam for acts committed prior to their incorporation, as the activities and objectives of the Masjid remained continuous.
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