CCM candidate drops appeal on petition

The 2010 CCM parliamentary candidate for Ubungo, Hawa Ng’humbi has dropped the case filed with the Court of Appeal against the petition judgment in favor of Ubungo MP John Mnyika.

The petitioner and the MP yesterday agreed to settle the wrangle out of court, thus instructing their lawyers to seek termination of adjudication of the pending appeal at the highest court of the land without costs.

Ng'humbi had earlier appealed against the High Court ruling delivered on May 24 in which High Court Judge Upendo Msuya ruled in favour of the lawmaker.

A panel of three justices at the Court of Appeal formally dropped the case after due notification by lawyers of the two parties, in a ruling read out by Appeal Justice Nathalia Kimaro on behalf of the panelists, Appeal Justices Salum Massati and Catherine Oriyo.

The development confirms Mnyika as MP for Ubungo until he finishes his term mid-2015, a turn of events coming after principal state attorney Obadia Kameya had informed the parties that the hearing of the appeal would have begun yesterday.

However Ng’humbi’s advocate Issa Maige informed the court that the appellant and the MP as second defendant had agreed an out of court settlement to remove the case without costs.

Under section 102 (3) and (4), of Rules of the Court of Appeal, the appellant had asked the court to remove the appeal in the court at no cost, the advocated noted.