controversial Muslim cleric Sheikh Ponda Issa Ponda.PHOTO|FILE
In Summary
Advocate Nassor further told the court that his
client has a gunshot wound and he is still in remand prison for almost
three months since the case was filed at the Morogoro court.
Dar es Salaam. The High Court
gave prosecution seven days to file a counter affidavit in an
application filed by controversial Muslim cleric Sheikh Ponda Issa
Ponda.
In the application, Ponda who is represented by advocate Juma Nassor, is praying the High Court to review a decision by the Morogoro Resident Magistrates’ Court that refused to withdraw seditious charges against him.
The matter appeared in court yesterday for hearing but High Court registrar Projestus Kahyoza adjourned it due to absence of trial judge Rose Temba because of health problems.
Before the adjournment of the matter, prosecution led by principal state attorney Bernard Kongola, asked the court to grant them 21 days in order to file counter affidavit.
However, advocate Nassor objected to the request on grounds that 21 days were too long because the application was filed under a certificate of urgency.
Advocate Nassor further told the court that his client has a gunshot wound and he is still in remand prison for almost three months since the case was filed at the Morogoro court.
Making a decision on the arguments, registrar Kahyoza said that because the application was filed under a certificate of urgency, he gave the prosecution seven days from yesterday to file the counter affidavit.
Mr Kahyoza ordered the prosecution to file the counter affidavit on November 25 while the matter would come for hearing on December 12, this year.
Morogoro Resident Magistrates’ Court recently refused to withdraw seditious charges against sheikh Ponda who is also the secretary of the Council of Islamic Organisations in Tanzania.
He is alleged to have committed the offence while serving a one-year suspended sentence handed to him by the Kisutu Resident Magistrates’ Court in Dar es Salaam in May, this year, after he was found guilty of trespass and ordered to preach peace for a period of one year.
In the application, Ponda who is represented by advocate Juma Nassor, is praying the High Court to review a decision by the Morogoro Resident Magistrates’ Court that refused to withdraw seditious charges against him.
The matter appeared in court yesterday for hearing but High Court registrar Projestus Kahyoza adjourned it due to absence of trial judge Rose Temba because of health problems.
Before the adjournment of the matter, prosecution led by principal state attorney Bernard Kongola, asked the court to grant them 21 days in order to file counter affidavit.
However, advocate Nassor objected to the request on grounds that 21 days were too long because the application was filed under a certificate of urgency.
Advocate Nassor further told the court that his client has a gunshot wound and he is still in remand prison for almost three months since the case was filed at the Morogoro court.
Making a decision on the arguments, registrar Kahyoza said that because the application was filed under a certificate of urgency, he gave the prosecution seven days from yesterday to file the counter affidavit.
Mr Kahyoza ordered the prosecution to file the counter affidavit on November 25 while the matter would come for hearing on December 12, this year.
Morogoro Resident Magistrates’ Court recently refused to withdraw seditious charges against sheikh Ponda who is also the secretary of the Council of Islamic Organisations in Tanzania.
He is alleged to have committed the offence while serving a one-year suspended sentence handed to him by the Kisutu Resident Magistrates’ Court in Dar es Salaam in May, this year, after he was found guilty of trespass and ordered to preach peace for a period of one year.
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