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ACT Wazalendo wins case against CUF in Zanzibar

The case was opened by the CUF against 20 ACT Wazalendo leaders, with its leader Zitto Kabwe being the first defendant. PHOTO | COURTESY

What you need to know:

  • The judge stated that CUF's evidence failed to demonstrate beyond a reasonable doubt the legality of the assets' ownership.

Unguja. Opposition party ACT-Wazalendo has won a civil case against the Civic United Front (CUF) at the High Court of Zanzibar, Tunguu.

In the case, ACT-Wazalendo was alleged using buildings that CUF claimed to own in Zanzibar, claiming it was their property before its members, including the former General Secretary of CUF, Maalim Seif Sharif Hamad, left the party.

His departure was over an internal wrangle, and thousands of his supporters followed him to the ACT-Wazalendo.

The case was opened by CUF against 20 ACT Wazalendo leaders, with its leader Zitto Kabwe being the first defendant.

The verdict was given earlier this week by the Judge of the Court, G.J. Kazi, who said that after going through the submissions by both parties, the court was satisfied that CUF failed to prove the validity of the buildings and the damage to the properties they claim were destroyed, while they wanted to be compensated for the properties.

Reading the decision, Judge Kazi said the claimants failed to prove legally how they own the areas and properties they claimed had been destroyed and taken by the accused, so he has decided to dismiss the case with costs.

The judge stated that CUF's evidence failed to demonstrate beyond a reasonable doubt the legality of the assets' ownership.

"The first argument has been answered without establishing balance; on those grounds directly, the second argument is invalid, so I am dismissing this suit with costs," he said.

Yesterday, The Citizen's sister paper, Mwananchi, contacted CUF Secretary General, Mr. Hamad Masoud, who said they had not yet received the court ruling. However, he said ACT-Wazalendo was established between 2013 and 2014, while the building had existed since 1992.

In the affidavit filed, CUF were claiming that the offices used by ACT Wazalendo in Mtendeni, Vuga, Kilimahewa, and Mfenesini areas belong to them, while they wanted to be paid for the office furniture, which they claimed were also stolen.

In addition, CUF also claimed that the party’s flags were stolen, so they wanted to be paid.

According to the claimant, he explained that since 1992 they had been strengthening their party (CUF) and spending a lot of money on buildings, including those in Zanzibar.

He stated that on March 18, 2019, ACT announced its intention to join another party with the Swahili slogan "shusha tanga pandisha tanga." As a result, accused number 2 to 20 used the offices mentioned above to hoist the ACT flags and lower the CUF flags and steal them, while membership cards and office furniture were also either lost or destroyed.

In the case, the claimant was represented by lawyer Mashaka Ngole, while the accused was represented by lawyer Ishaq Shariff.