The High Court in Dar es Salaam has dismissed the appeal of Juma Ally Magoma and his colleague Geofrey Mwaipopo against the Board of Trustees of the Dar es Salaam Club, Young African Sports
The decision was given today Monday, September 9, 2024 by the Deputy of the Court, Livini Lyakinana on behalf of Judge Mfawidhi, Salma Maghimbi who heard the appeal
Magoma and Mwaipopo appealed the case in court, opposing the decision of the Dar es Salaam Regional Resident Magistrate's Court, Kisutu to extend the time for the Board of Trustees of the Yanga Club and its colleagues to open a referral application process
Yanga asked for an extension of time in order to open the appeal of the judgment of the court which invalidated its current Constitution following the primary case opened by Magoma and his colleague, questioning the validity of the constitution
The respondents in the appeal were the Yanga Club Board of Trustees (the first respondent), Fatma Abeid Karume (member of the board until now), Abeid Abeid and Jabiri Katundu, who were also members of the board that club
The board of trustees of Yanga has submitted an objection to the legal arguments of Magoma against the appeal, specifying two arguments
Firstly, it claims that Magoma's decision has been appealed and secondly, they claim that the appeal has been overtaken by the incident
The objection was heard on August 30 this year, where the lawyers on both sides, Kalaghe Rashid from Yanga and Jacob Mashenene from Magoma, fought each other with legal arguments, each trying to convince the court to agree with them and going back to various cases to emphasize their arguments
However, the Court in its decision dismissed the appeal after agreeing with Yanga's objection that the decision they were appealing should not have been appealed according to the Law.
