Court grants Yanga Board of Trustees an extension to review case ruling

Dar es Salaam. The application by the Registered Board of Directors of the African Youth Sports Club for an extension of time to review the ruling in its case has been granted by the Kisutu Resident Magistrate’s Court in Dar es Salaam.

His request follows the previous ruling in civil case No. 187 of 2023, which ruled that the current hierarchy of the club, including the president and the board of directors, were illegally occupying their positions.

The court’s decision was based on Section 14 of the Limitation Act, Cap. 89 RE 2020, submitted by chambers 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 not aware of the proceedings until the judgment gained wide attention through media platforms on July 16, 2024.

He quickly went to court to investigate further and discovered that the case questioned the legality and composition of the Board, issues that normally fall under the jurisdiction of the High Court of Tanzania.

The applicant argued several grounds for the extension, including the trial court’s lack of jurisdiction, the defendants’ lack of standing, inadequate filing procedures, and denial of a fair hearing.

These arguments underlined the need for the court to review and correct what the applicant considered to be legal irregularities in the previous judgment.

In his judgment, Judge Mushi highlighted 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 legal precedents and principles supporting the applicant’s claim that failure to hear both sides equally renders a judicial decision null and void.

Drawing a parallel with biblical justice, Judge Mushi referred to the story of Adam and Eve in the Garden of Eden, where God allowed both to present their case before passing judgment.

In making the decision, Judge Mushi granted an extension of time, giving the Board of Directors 14 days to submit its request for review.

The decision upheld the applicant’s arguments regarding procedural fairness and the right to challenge decisions affecting his legal status.

Each party has been ordered to bear its own costs in the matter, marking a crucial moment in the ongoing legal dispute over the governance of the African Youth Sports Club.