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Tanzania worshippers sue Muslim council and mosque trustees over leadership dispute

What you need to know:

  • The 10 trustees were elected on November 24, 2024, in an election overseen by Bakwata. However, 20 mosque members, led by Juma Kibira, have challenged their legitimacy through Civil Case No. 30053/2024 filed at the High Court of Tanzania, Mwanza Zone.

Mwanza. Worshippers at Ijumaa Mosque in Mwanza have filed a lawsuit against the Mwanza Regional Branch of the Muslim Council of Tanzania, commonly known by its Kiswahili acronym as Bakatwa and newly elected trustees, alleging that the trustees are not recognized by the mosque's congregation.

The 10 trustees were elected on November 24, 2024, in an election overseen by Bakwata. However, 20 mosque members, led by Juma Kibira, have challenged their legitimacy through Civil Case No. 30053/2024 filed at the High Court of Tanzania, Mwanza Zone.

Alongside the main case, the petitioners have submitted Miscellaneous Application No. 30052/2024, seeking a court injunction to prevent the trustees from assuming their roles until the primary case is resolved.

The respondents in the application include the Bakwata Mwanza trustees and the elected mosque trustees, namely Abdallah Amin, Abdud Bakeisa, Hassan Abdallah, Ibrahim Sherally, Mohamed Mohamed, Muhdini Khalid, Musa Maguha, Omari Mbalamwezi, Rajab Charahani, and Sherally Sherally.

The matter was brought before Justice Stanley Kamana on Monday, December 2, 2024. The petitioners' lawyer, Akram Adam, requested an injunction barring the 10 respondents from accessing or conducting any activities within the mosque’s offices until the court rules on the main case.

"My clients request this honorable court to prohibit respondents 3 to 13 from entering the Ijumaa Mosque offices or performing any duties as trustees until the primary case is resolved," Akram argued.

However, Steven Kitale, who is lawyer for one of the respondents, Abdallah Amin, explained his absence from court, stating that he had not received sufficient documentation to prepare a counter-affidavit. "We will respond once the petitioners provide detailed submissions regarding their claims," Kitale said.

Justice Kamana instructed the petitioners to ensure court summons are served to nine respondents who have yet to receive them, along with all relevant case documents, by December 4, 2024. He further directed the respondents to file counter-affidavits and responses by December 10, 2024.

Additionally, Justice Kamana proposed that the interlocutory application (No. 30052/2024) be transferred to Justice Athuman Matuma, who is set to preside over the primary case (No. 30053/2024).

"Once these requirements are fulfilled, the court will schedule a hearing date for your application," Justice Kamana informed both parties.

The case has sparked significant interest in the Mwanza Muslim community, with many hoping for a resolution that upholds fairness and unity.