Reprieve as court grants Yanga Board of Trustees extension of time to review case ruling
Yanga President Hersi Saidi.
Dar es Salaam. The Registered Board of Trustees of Young Africans Sports Club’s application for extension of time to review the ruling of their case has been granted by the Kisutu Resident Magistrates’ Court in Dar es Salaam.
Their application comes following the earlier judgment of the Civil Case No. 187 of 2023, which ruled that the club’s current hierarchy, including the president and the Board of Trustees, were illegally occupying their positions.
The court's decision was based on Section 14 of the Law of Limitation Act Cap 89 R.E 2020, brought forward by chamber summons and supported by an affidavit from Simon Patrick, the principal officer of the applicant.
Mr. Patrick, in his affidavit, highlighted that the Board was unaware of the proceedings until when the judgment gained widespread attention through media platforms on July 16, 2024.
He promptly visited the court to investigate further and discovered that the case challenged the legality and membership of the Board, matters typically under the jurisdiction of the High Court of Tanzania.
The applicant argued several grounds for the extension, including lack of jurisdiction by the trial court, absence of locus standi by respondents, improper filing procedures, and denial of a fair hearing.
These arguments underscored the necessity for the court to review and correct what the applicant deemed as legal irregularities in the previous judgment.
In his ruling, the court’s Magistrate Mushi emphasized the fundamental right to a fair hearing, a cornerstone enshrined in Article 13 (6) (a) of the Constitution of the United Republic of Tanzania.
He cited precedents and legal principles supporting the applicant's contention that failure to hear both sides equally renders a judicial decision null and void.
Drawing a parallel to biblical justice, Magistrate Mushi referenced the story of Adam and Eve in the Garden of Eden, where God allowed both to present their case before passing judgment.
Making the decision, Magistrate Mushi granted extension of time, giving the Board of Trustees 14 days to file their application for review.
The decision affirmed the applicant's arguments regarding procedural fairness and the right to challenge decisions affecting their legal status.
Each party was ordered to bear their costs in the matter, marking a pivotal moment in the ongoing legal dispute over the governance of the Young Africans Sports Club.
