UNITED REPUBLIC OF TANZANIA

IN THE HIGH COURT OF TANZANIA

(MAIN REGISTRY)
AT DODOMA
MISCELLANEOUS CIVIL COUSE NO. ……………… OF 2025

IN THE MATTER OF AN APPLICATION FOR EXTENSION OF TIME

WHITHIN WHICH TO APPLY FOR A LEAVE TO FILE APLICATION FOR
JUDICIAL REVIEW

IN THE MATTER OF THE LAW REFORMS (FATAL ACCIDENTS AND

MISC. PROVISIONS) ACT, (CAP 310 RE: 2019)

IN THE MATTER OF THE LAW REFORMS (FATAL ACCIDENTS AND

MISCELLENEOUS PROVISIONS) JUDICIAL REVIEW PROCEDURE AND
FEES RULES, 2024 (GN NO. 324)

IN THE MATTER OF THE JUDICATURE AND APPLICATION OF LAWS

(PRACTICE AND PROCEDURES IN CASES INVOLVING VULNERABLE
GROUPS RULES, (GN NO 110 OF 2019)

IN THE MATTER OF PERSONS WITH DISSABILITIES ACT, CAP 183 IN

THE MATTER OF CIVIL PROCEDURE CODE, CAP 33 RE 2019

END IN THE MATTER OF OMARI SULTAN MPONDELWA, SELEMANI

KALUMNA IDIRISA AND ZITTA C. BATAMANAGWA WHO ARE JOINTLY
APPLYING FOR EXTENSION OF TIME WITHIN WHICH TO APPLY FOR A
LEAVE TO FILE APPLICATION FOR JUDICAL REVIEW
BETWEEN
OMARI SULTANI MPONDELWA ………………………………. 1 ST APPLICANT
SELEMAN KALUMNA IDIRISA ………………………………… 2 ND APPLICANT
ZITTA C. BATAMANAGWA ………………………………..……. 3 RD APPLICANT

AND
TANZANIA LEAGUE OF THE BLIND …………………..…. 1 ST RESPONDENT

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THE CHAIRMAN OF THE NATIONAL EXECUTIVE COUNCIL OF THE
TANZANIA LEAGUE OF THE BLIND …………………….. 2 ND RESPONDENT
THE DIRECTOR OF THE PERSONS WITH DISABILITIES, DISABILITY
UNIT IN THE PRIME MINISTER’S OFFICE LABOUR, EMPLOYMENT,
YOUTH AND DISABILITIES ……………………………….. 3 RD RESPONDENT
THE HONOURABLE ATTORNEY GENERAL ……………. 4 TH RESPONDENT
HABIBA SALUM NGULANGWA ………………………..…… 5 TH RESPONDENT
MUSA KAGWEBE MASHAURI ……………………………… 6TH RESPONDENT
LOATA LOMITU MOLEL …………………………………….. 7 TH RESPONDENT
HAPPINESS SHABANI MATAGI …………………………… 8 TH RESPONDENT

CHAMBER SUMMONS
(MADE UNDER ORDER XLIII RULE 2 and sections 93 and 95 of The Civil
Procedure Code, cap. 33 R.E 2019, section 14 (1) of the Law of Limitation
Act, cap. 89 R. E 2019, and other enabling provisions of the law)

LET THE PARTIES concerned appear before Honorable ……………………………

sitting in the chambers on the ………… day of ………………. 2025 at 9:00
O’clock in the forenoon or soon thereafter when the applicants /Counsel of
the applicants may be heard on an application for the following orders: -

a) That, this Honorable court may be pleased to grant an enlargement of time

within which to allow the Applicants to file application for a leave to file
application for judicial review for prerogative orders of certiorari,
prohibition and mandamus.
b) Costs of the application.
c) Any other relief (s) as this Court may deem fit and just to grant.
This application is brought at the instance of the Advocate, Gideon Kaino
Mandesi and supported by affidavits of Omari Sultan Mpondelwa, Seleman
Kalumna Idirisa and Zitta C. Batamanagwa and such other grounds be
submitted during the hearing.

GIVEN UNDER MY HAND AND SEAL OF THIS COURT On

this……………………. day of…………………….., 2025

…………………….
THE REGISTRAR

Presented for filing this ........................... day of May, 2025

............................
REGISTRY OFFICER

Drawn and filed by:

Advocate, Gidion Kaino Mandesi

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P.O. Box 62963
Dar es Salaam.
Tel. no. 0713 404 240

Copy to be served upon:

THE RESPONDENTS;
I. For the 1ST and 2nd Respondents, is through
The Secretary General,
Tanzania League of the Blind,
Head Quarters,
Chui Street Kariakoo,
P.O. Box 22408
Dar es Salaam – Tanzania.

II. For the 3rd and 4th Respondents, is through

Care of:
Office of the Solicitor general,
Ministry of Constitutional and Legal Affairs
Building 1st Floor,
P.O. Box 1902
Dodoma.

for the 5th, 6th, 7th and 8th Respondents

Care of:

Advocates, Filimon Mgonjwa and Glads Edes Tesha

Nasra Towers, Ground Floor,
Makamba/Swahili Street
P.O. Box 21516
Dar es Salaam.
Tel. No. 0653 065602
0624 069391

THE UNITED REPUBLIC OF TANZANIA

IN THE HIGH COURT OF TANZANIA

3
 (MAIN REGISTRY)
AT DODOMA
MISCELLANEOUS CIVIL COUSE NO. ……………… OF 2025

IN THE MATTER OF AN APPLICATION FOR EXTENSION OF TIME

WHITHIN WHICH TO APPLY FOR A LEAVE TO FILE APLICATION FOR
JUDICIAL REVIEW

IN THE MATTER OF THE LAW REFORMS (FATAL ACCIDENTS AND

MISC. PROVISIONS) ACT, (CAP 310 RE: 2019)

IN THE MATTER OF THE LAW REFORMS (FATAL ACCIDENTS AND

MISCELLENEOUS PROVISIONS) JUDICIAL REVIEW PROCEDURE AND
FEES RULES, 2024 (GN NO. 324)

IN THE MATTER OF THE JUDICATURE AND APPLICATION OF LAWS

(PRACTICE AND PROCEDURES IN CASES INVOLVING VULNERABLE
GROUPS RULES, (GN NO 110 OF 2019)

IN THE MATTER OF PERSONS WITH DISSABILITIES ACT, CAP 183 IN

THE MATTER OF CIVIL PROCEDURE CODE, CAP 33 RE 2019

AND IN THE MATTER OF OMARI SULTAN MPONDELWA, SELEMANI

KALUMNA IDIRISA AND ZITTA C. BATAMANAGWA WHO ARE JOINTLY
APPLYING FOR EXTENSION OF TIME WITHIN WHICH TO APPLY FOR A
LEAVE TO FILE APPLICATION FOR JUDICAL REVIEW

BETWEEN

OMARI SULTANI MPONDELWA ………………………………. 1ST APPLICANT

SELEMAN KALUMNA IDIRISA ………………………………… 2ND APPLICANT
ZITTA C. BATAMANAGWA ………………………………..……. 3 RD APPLICANT

AND

TANZANIA LEAGUE OF THE BLIND …………………..…. 1ST RESPONDENT

THE CHAIRMAN OF THE NATIONAL EXECUTIVE COUNCIL OF THE
TANZANIA LEAGUE OF THE BLIND …………………….. 2ND RESPONDENT

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THE DIRECTOR OF THE PERSONS WITH DISABILITIES, DISABILITY
UNIT IN THE PRIME MINISTER’S OFFICE LABOUR, EMPLOYMENT,
YOUTH AND
DISABILITIES ………………………………………………….. 3RD RESPONDENT
THE HONOURABLE ATTORNEY GENERAL ……………. 4TH RESPONDENT
HABIBA SALUM NGULANGWA ………………………..…… 5TH RESPONDENT
MUSA KAGWEBE MASHAURI ……………………………… 6TH RESPONDENT
LOATA LOMITU MOLEL …………………………………….. 7TH RESPONDENT
HAPPINESS SHABANI MATAGI …………………………… 8TH RESPONDENT

AFFIDAVIT

We, OMARI SULTAN MPONDELWA, an adult, muslimu and resident of Kibiti

Pwani, do hereby AFFIRM, SELEMAN KALUMNA IDIRISA, an adult male,
Muslim and resident of Bukoba – Kagera, do hereby AFFIRM, and ZITTA C.
BATAMANAGWA, an adult female, Christian and resident of Dar es Salaam,
do hereby SWEAR and jointly STATE as follows:

1. That, We are the applicants in this joint application and thus conversant
with the facts We are about to depose hereunder.

2. That, We sue jointly with above named Applicants and that, We make this
affidavit in support of joint application for extension of time within which
to apply for leave to file an application for judicial review.

3. That, We was duly elected by the Tanzania league of blind (TLB) during its
General election on 31st March, 2021 held in Morogoro in different
positions OMARI SULTAN MPONDELWA for chairman, SELEMAN
KALUMNA IDIRISA as Vice-chairman, and ZITTA C. BATAMANAGWA as
a Treasurer for the tenure of five years.

4. That, on 22 November 2023, the National Executive Council of the 1 st

Respondent met in Njombe and decided to suspend us from the office for
the duration of six months in order to allow the Investigation committee to
investigate on the allegations made.

5. That, during that meeting of the national executive council of the 1 st

Respondent held in Njombe on 22 November 2023, the 5 th, 6th, 7th and 8th
respondents were appointed as temporary leaders for six months until the
investigation report being released.

6. That, on 25th October, 2024 during the extra ordinary meeting of the 1 st
Respondent held in Moshi, Kilimanjaro Mr. Kizito Lucas Wambura who is
the principal officer within the office of the 3rd Respondent with a rank of
senior social welfare officer had decided to act as a Member of the

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 Investigation Committee of the 1st respondent to table and read
investigation Committee Report, clearing us of any wrong doing, and We
know that he is ineligible member of the side investigation Committee.

7. That, on the 25th October, 2024 at Moshi, Kilimanjaro during an extra

ordinary meeting of the 1st Respondent there was election conducted which
was neither supervised nor coordinated by an independent Electoral
Commission of the 1st Respondent whereby new leaders where elected to
replace us.

8. That, We know on 25th October, 2024 during extra ordinary meeting of the
1st respondent held in Moshi Kilimanajro and attended in person of the 3 rd
Respondent and with his instruction and coordination for an election to
remove us from the office with illegal procedure.

A copy of the decision so reached on 25 th October 2024 during extra

ordinary meeting of the 1st respondent is hereto annexed and marked as
annexture A.1 to form part of this affidavit.

9. That, on 29th January, 2025, We applicants who are together applying

jointly instituted Miscellaneous Civil Cause no 1949 of 2025 before the
High Court of Tanzania (Main Registry) at Dodoma which presided over by
Honourable Judge U.E Madeha, seeking for a leave to file an application
for judicial review for prerogative orders of certiorari, prohibition and
mandamus.

10. That, from 4th February, 2025 up to 13th May, 2025 We Applicants
together with 8th respondents were involved in the litigation process in
relation to Miscellaneous civil cause no. 1949 of 2025 in the High Court of
Tanzania (Main Registry) at Dodoma.

11. That, the said Miscellaneous Civil Cause no. 1949 of 2025 was decided
regarding raised preliminary objections of the respondents on 13th day
of May, 2025 by Honourable Judge, U.E Madeha, of the high Court of
Tanzania (Main Registry) at Dodoma by striking out it for want of proper
affidavit.

A copy of the ruling is hereto annexed and marked as annexture A.2

of this affidavit.

12. That, upon receiving the ruling of Miscellaneous civil cause no 1949 of
2025 which delivered on 13th May, 2025 and reading our laws, we
noticed that the time limit of six months allowable to apply for a leave
to file application for judicial review after the date of 25 th October, 2024
when the Respondents decided to remove us from the office of which
the application for leave relates, We have realized that such time limit
has expired.

13. That, after learning that we are out of time, from 13Th May, 2025 up to
30Th May, 2025, We approached our Advocate for legal assistance in order

6
 to help us to prepare legal documents to be filed in Court for application
of extension of time to apply for leave to file an application for judicial
review before this Court.

14. That in the event the instant application is not granted, and the time to lodge
an application for leave to apply for judicial review is not extended, and
application for judicial review is not determined, We stands to suffer irreparably
all alone.

15. That it is in the interests of justice We depose this affidavit in support of

prayers contained in the Chamber Summons.

Dated at Dar es Salaam on this 30Th May, 2025

VERIFICATION
We, OMARI SULTAN MPONDELWA, SELEMANI KALUMNA IDIRISA and
ZITTA C. BATAMANAGWA do hereby Verify that all that is stated herein
above in paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 are true
to the best of our knowledge.

this 30Th May, 2025

AFFIRMED at Dar es Salaam by the said OMARI SULTAN MPONDELWA

who is known to me personally this 30Th day of May, 2025

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SWORN at Dar es Salaam by the said SELEMANI KALUMNA IDIRISA
who is known to me personally this 30Th day of May, 2025

SWORN at Dar es Salaam by the said ZITTA C. BATAMANAGWA

who is known to me personally this 30Th day of May, 2025

Presented for filing this ..................... day of ……………….…………., 2025

............................
REGISTRY OFFICER

Drawn and filed by:

Advocate, Gidion Kaino Mandesi
P.O. Box 62963
Dar es Salaam.
Tel. no. 0713 404 240

Copy to be served upon:

THE RESPONDENTS;
III. For the 1ST and 2nd Respondents, is through
The Secretary General,
Tanzania League of the Blind,
Head Quarters,
Chui Street Kariakoo,
P.O. Box 22408
Dar es Salaam – Tanzania.

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IV. For the 3rd and 4th Respondents, is through
Care of:
Office of the Solicitor general,
Ministry of Constitutional and Legal Affairs
Building 1st Floor,
P.O. Box 1902
Dodoma.

for the 5th, 6th, 7th and 8th Respondents

Care of:

Advocates, Filimon Mgonjwa and Glads Edes Tesha

Nasra Towers, Ground Floor,
Makamba/Swahili Street
P.O. Box 21516
Dar es Salaam.
Tel. No. 0653 065602
0624 069391