The applicant had filed a suit against both Respondents
along with a chamber application. In the chamber application he seeks inter
alia for the order that the Central Committee of CHADEMA and or any other
organ of the party should not deliberate, discuss and or determine the issue of
party membership of the applicant in any of its meetings until such date when
the suit pending before this court is determined. The application is preferred
under the provisions of section 2 (2) of the Judicature and Application of Laws
Act [Cap 358 R.E. 2002] and section 95 of the Civil Procedure Code [Cap 33 R.E.
2002] and any other enabling provisions of the law. The Preliminary Objection
was based on three points of law raised orally in court by the two learned
Counsel for the Respondents. The three points are as follows;
1. That the
application suffers from an incurable defect of wrong citation of the law, thus
this court’s jurisdiction is not properly invoked.
2. That the
affidavit supporting the application is fatally defective for containing
prayers, arguments and opinions contrary to the law.
3. That this
court lacks jurisdiction to entertain the application being a matter arising
out of disputes related to disciplinary proceedings between a political party
and its member.
For these legal points the counsel for the Respondents urged
this court to strike out the application with costs.