By Faustine Kapama-Judiciary
THE High Court’s Commercial Division has advised
leaders of Chama Cha Mapinduzi (CCM) in Kinondoni District to settle in amicable
manner the dispute surrounding construction and rehabilitation of two commercial
buildings at Minazini - Makumbusho CCM branch.
Judge Zahra Maruma gave such polite advice recently after
determining a commercial dispute lodged by CCM member, Mussa Msangi, the
plaintiff, against Registered Trustees of CCM, Kinondoni CCM District Secretary
and Mr Mwesigwa Mutabuzi, a lawyer of CCM in Kinondoni district, all defendants.
“To maintain the existing legal, business and social
relationship, the parties are advised and encouraged to define clearly all the
terms which have resulted into a dispute and settle all issues in a manner
which will result into the peaceful end of their contractual obligations,” the
judge advised.
In determining the matter, the judge had to consider
whether there was the valid agreement between the plaintiff and the defendants
towards the construction of the new commercial CCM Building and rehabilitation
of the old commercial CCM building and what could be the legal consequences.
After revisiting the evidence tendered, the judge concluded
that there was established contractual relationship between the plaintiff and
the defendants and there were legal binding terms between them following the
agreement to finance two construction projects belonging to the Minazini CCM
branch.
She found that there was no doubt on the contractual
relationship between the plaintiff and the defendants established following
their ideas initiated an agreement signed 2003.
Furthermore, the judge noted, there was no dispute
on the amount incurred as to the costs of construction as evidenced to be
approved by the defendants. In addition to that, she said that there was no
dispute that the amount paid of 80,000/- as monthly rent is paid for more than
twelve frames (12) .
However, the judge said, it was logical and prudent
for the parties to reconcile and clarify the terms of payments amicably, looking
at the terms of payments which have no clarity concerning time for contract
performance specifically on the payment of construction costs and amount of monthly
rent paid.
“This is saying so based on the relationship of the
parties into this agreement who are all members of the Minazini CCM branch, the
business relationship they have and their good intention to promote
developments within their territory,” she said.
Judge Maruma added, “Every one of them (plaintiff
and defendants) is entitled to be proud of the development made on the two
construction projects in which today each party is enjoying the success and
fruits of the efforts made.”
Way back in September 2003 by virtue of his
membership, the plaintiff was approached by Registered Trustees of CCM through Kinondoni
District Secretary to finance the construction of a commercial CCM building and
rehabilitation of the old building at at Minanzini - Makumbusho CCM Branch.
The demand
arose from a plan to initiate business projects to run daily activities and to
meet other financial obligations of Minanzini - Makumbusho branch in Kinondoni
District.
Being a member of the CCM in Mianzini branch and
convinced with the request to rescue financial crises to inject the projects, the
plaintiff entered into an agreement with the defendants to provide financial
support for the two construction and rehabilitation projects.
The parties in executing the projects reduced the
agreement in writing where terms and conditions were laid down. However, the
contractual relationship started to turn to become bitter from July 24, 2009
after the change of leadership regime in Kinondoni district.
That was when the Kinondoni CCM District Secretary wrote
a letter to the plaintiff and informed him that all previous agreements signed
were void as were not signed by the registered trustees of CCM.
It was on that basis an auctioneer known as Mfima
Auction Mart was appointed to take charge and be responsible to sign all
contracts and collection of rental fees in respect of the two CCM commercial
buildings constructed and rehabilitated by the financial support of the
plaintiff.
The plaintiff alleged that all that were done
without any negotiation or mentioning modality to refund the costs he incurred.
It was at that alleged breach of the terms of the agreement forced the
plaintiff to knock the doors of the Court for determination of the dispute.
Court Harmer
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