Ile kesi ya zinaa inayomkabili Mtume na Nabii Josephat Mwingira wa Kanisa la Efatha ya kuzini na kuzaa na mke wa mtu bado inamwandama ambapo baada ya Mahakama Kuu kutoa hukumu dhidi ya mapingamizi yao kwa mlalamikaji Dk. William Morris, sasa anatakiwa kuwasilisha majibu ya Vinasaba (DNA) vya mtoto wa miaka 7 aliyezaa na mke huyo wa mtu, Dk. Phillis Nyimbi Morris. Lakini pia anapaswa kupima Ukimwi kwani wawili hao hawakufanya ngono salama na matokeo yake siyo tu kupata mtoto, bali hali ya afya zao kwa vile tayari afya ya mwanamke huyo inadaiwa kuzorota. SOMA ZAIDI HAPA:
PASTOR JOSEPHAT E. MWINGIRA OF THE EFATHA MINISTRY IN TANZANIA
PRESS RELEASE:
PASTOR JOSEPHAT MWINGIRA HEAD OF EFATHA MINISTRIES IN TANZANIA SUFFERS A MAJOR COURT DEFEAT IN THE ONGOING ADULTERY CASE AGAIST HIM.
In a shocking defeat for Pastor Josephat Mwingira, the High Court of Tanzania here in Dar es Salaam, under the Hon. Judge Mwandambo on Friday June 5th ruled that the ongoing civil case 306 of 2013 of adultery against Mr. Mwingira (first defendant) and Dr. Phillis M. Nyimbi (second defendant) filed in the Kisutu Court in November of 2013 by complainant Dr. William T. Morris must go on without the complainant paying any amount of money as a down payment for security for cost.
As reported by many Tanzanian Newspapers, including the international Allafrica.com News, Pastor Josephat E. Mwingira who is the Founder and Head of the Efatha Ministry, one of the largest Pentecostal Churches in Tanzania had publicly denied having an affair with Dr. Phillis Nyimbi therefore the resulting pregnancy was not for him.
It can be recalled the both Pastor Mwingira and Dr. Phillis Nyimbi the estranged wife of the complainant have each filed an application to the Kisutu Court claiming that the complainant Dr. Morris is a foreigner and as such must be made to pay security for cost should in case he loses his case which was an attempt to block the case from proceeding. Contrary to the provision of the law which states that only NONE-RESIDENTS of Tanzania and NONE-RESIDENTS WITHOUT ANY NONE-MOVABLE PROPERTIES are required to make a deposit on a security for cost, the Kisutu Court ruled in favor of both defendants requiring Dr. Morris the complainant to make a Tsh 150M deposit for security for cost within one month or lose his case. With this ruling in hand, Dr. Morris then took his case to the High Court of Tanzania for revision of the ruling which he and his legal team saw as not only erroneous but a total miscarriage of justice (see the attached transcript of the case presentation at the High Court of Tanzania and the resulting High Court ruling).
WHAT DOES THIS RULING MEAN?
This means that the case will be sent back to the lower court and assigned to a new Magistrate, where Dr. Morris and his legal team hope to get justice, and file their pending applications to the court that will then force Pastor Mwingira to submit to both a DNA test to establish paternity of the child now 7yrs old which he had publicly denied, and is the backbone of the case, and a HIV test. Both Pastor Mwingira and Dr. Phillis Nyimbi had unprotected sex that resulted not only in the pregnancy and the birth of the child, but the questionable health status of his estranged wife.
IMPLICATION:
It is a known fact that Mr. Mwingira has a very long history of using his money to corrupt both the judiciary and the Law enforcement Systems in order to have his ways and as such created this great fear and reluctance of dozens of his victims not to pursue justice as a result he had created an aura of invincibility. Both Pastor Mwingira and Dr. Phillis Nyimbi had created countless huddles and barriers to prevent this case from reaching this far, including attempts to get the Immigration to arrest me on false charges and threatened me with deportation, and to go to the extent of hiding documents from my immigration file including applications for RESIDENCY PERMIT. The reassignment of a new Magistrate to this case means that not only the High Court and higher ranking courts are keeping a watchful eye on the performances of the Magistrates not only in this case but my other cases involving both Pastor Mwingira and Dr. Phillis Nyimbi. This case is not only to expose Mr. Mwingira for all the wrongs he had done to me personally, but it is a wakeup call and a fight for all of his faceless victims.
THE HIGH COURT CASE PRESENTATIONS/ TRANSCRIPT
Date: 14th May, 2015
CIVIL CASE No. 306 of 2013
Dr. William T. Morris vs Josephat E. Mwingira and Dr. Phillis Nyimbi - Adultery case in the High Court of Tanzania
We finally got to the presentation of our case in the hearing phase at the High Court of Tanzania presided over by His Hon. Judge Mwandambo on Wed May 13th.
The presentation was opened by the Hon. Judge when he asked my Advocate R. Ishengoma as to why we had written the letter to His Lordship the Chief Justice M. Chande Othman in order to get the High Court to hear our appeal, and was it a pattern that we will be following whenever we did not get a court ruling that favored us. Mr. Ishegoma so eloquently answered him by referring to the unusual nature of my case where the Lower Court had made a very serious error in its ruling by ordering me to pay the sum of Tsh 150M as a deposit for security for cost solely on the grounds that I am a foreigner and as such requesting a review of the ruling.
In Opening, Adv Ishengoma sited a statue / provision that states that a law or a provision must always be interpreted in the original language in which it was written so as to give the exact meaning. He then went on to site the Lower court ruling by Mag Rita Riwa in which I was ordered to make a security for cost deposit of 150 Tsh on the grounds that I am a foreigner in Tanzania based on the law which states that Security for cost is required when the party involved is a Non- resident of Tanzania and does not possess any immovable property in Tanzania.
I their interpretation and application of this law, the Lower Court was mixing up the meaning of the meaning of the word Non-residentwith that of Foreigner.
The English Language Oxford Dictionary defines the word Non- Resident – as one or something that does not live in a particular geographical location and Foreigner – as one who is a stranger to a particular Location or Culture.
Clearly these two words do not have the same meaning or connotation and therefore cannot be substituted for the other. As we all know, there millions of Foreigners who are also residents of this country. Likewise there are millions of Tanzanians who are foreigners depending on place of origin and place of current location or residence. One can be a Tanzanian but a foreigner to certain food, place, language or culture. It is however unfortunate that in my case, some people chose to use the word foreigner so very loosely in order to confuse and mix it up with the word non-resident.
This being the case, it is completely wrong for the Lower court to have substituted the word Foreigner for that of a Non-resident and as such renders the entire ruling erroneous and incorrect.
That said, the word non-resident cannot be applied to me in Tanzania for the fact that I have been residing here in this Country since April of 2009 as evidenced by my passport and that all of my assets are here a fact which cannot be disputed by the Advocates of both Defendant 1 Mr. Josephat Mwingira and Defendant 2 Dr. Phillis M.Nyimbi.
In his defense of the ruling, Mr. Swai the Advocate for Defendant 1(Mr. Josephat Mwingira) sited the same law/provision used by the lower court on which its ruling was based which states that: which states that Security for cost is required when the party involved is a Non- resident of Tanzania and does not possess any immovable property in Tanzania. Unfortunately Mr. Swai kept on substituting the word Foreigner for a Non – resident as he attempted to support the validity and correctness of the Lower court ruling.
He then went on to site two Court rulings one involving Colgate Palmolive vs a Tanzanian in which the rightly court ruled that Colgate Palmolive was a foreign company and a non- resident of Tanzania (they were based in South Africa) and as such was required to make the security for cost deposit as per the law. As we clearly see here in this case there is no place in this ruling where Colgate Palmolive was required to make the security for cost deposit simply based on being a Foreigner. This is just another attempt on the part of Mr. Swai to start comparing apples to oranges. Colgate Palmolive is a Foreign Registered Business with headquarters in South Africa and the United States and the Court ruling was undisputed for the fact Colgate Palmolive was not registered to do business here in Tanzania and as such has no residency here. The ruling clearly stated NONE RESIDENCY and not for being a FOREIGN COMPANY. On the other hand I am is not a registered Business but a Husband who is legally married to the same woman who is a Tanzanian for the past 14yrs, happen to come and join her as one family in 2009 after which time we accumulated several immovable properties. With this said Mr. Swai’s argument is completely baseless and irrelevant to this case and therefore holds no water.
Mr. Swai went on to read a few lines from my letter to the Chief Justice which stated that "I was locked out of my house and had to take refuge at the home of Dr. Prince Bagenda”. This was Mr. Swai’s attempt to demonstrate his point on the provision of the law (and does not possess any immovable property in Tanzania). He failed to read the entire letter in which I clearly stated that I have been a legal resident in Tanzania since 2009 and that we have several matrimonial properties (lands and houses) and, the house in question which by the way is not a subject in this dispute is our matrimonial home which I built with my hard earned money while in the U.S., and that the entire case was about an adulterous affair by both defendant 1 and 2 that resulted into a pregnancy, and the birth of a now seven year old son, and the breakdown of our marriage. I am currently not living at that house because my estranged wife chose to illegally lock me out of our home and that I felt that my life was threatened when a bunch of strange men dressed up in black with mask started showing up around my home at very late hours of the night as evidenced by my Kibaha Police report(KBA/RB/4552/2013) of October 9th 2013. This being the fact, then the attempt on the part of Mr. Swai to demonstrate Non- residency and not in possession of any movable property as stated in the provision, was a complete failure and irrelevant.
To further cement my residency claim here in Tanzania, Lets look at the real facts, I left Texas, U.S.A. a place I have resided and successfully practiced as a Physician with the highest of accolades for 30yrs not just to come to Tanzania for a safari vacation. I sold my two houses, cars, and packed up all of my belongings to join my family (a wife that I legally married at St. Albans Anglican Church here at the heart of Dar es Salaam). I arrived here with 3 forty ft shipping containers loaded with not only cars and house hold items but $6.5M of Medical Equipments for my proposed First-class Hospital at Hai, Kilimanjaro. I had purchased several lands and even built a house at one of those properties located in Bungo Town, Kibaha (KTC/MKZ/BG/071) valued at over Tsh30M through my wife even before my arrival here in this country. In addition to that, I also built a second house at the same property at Bungo Town, Kibaha since my arrival here in Tanzania in April of 2009.
One does not simply pack up all of his belongings in 3 forty ft containers just to come on a safari. I came to join my family and live a happy retirement life here in Tanzania.
Unfortunately, my wife had other ideas, since my arrival here in 2009 , not only was she in an adulterous affair with the first defendant Pastor Mwingira that resulted into pregnancy and the birth of a now 7yr old son, but had sold my 37acre land for my proposed Hospital in Hai, Kilimanjaro to the same Pastor Mwingira through fraudulent means. It is in light of these that both defendants had been conniving to not only make my life a living hell, but to chase me out of this country, and as such take possession of all of my properties and investments here in this country. This is clearly evidenced when my wife chose to hide my passport from me just few months after my arrival here in this country and kept it until it got expired. She then connived with Pastor Mwingira to have the Songea Immigration arrest and deported me because of the expired Passport. They have since blocked every effort on my part to obtain a residency permit through my legally registered International NGO and also a Class C Residency permit which I am entitled to due to my legal cases in the Courts of Tanzania despite the fact that I have submitted over five different applications over the past 3yrs to which they claimed they never received as evidenced by my case with the Immigration of Tanzania at the Kisutu Court.
Mr. Mbogorro, the Advocate for Dr. Phillis Nyimbi the second defendant, said the he completely agreed with the presentation of Mr. Swai, and that he had nothing else to add but emphasized the word AND in the provision (Security for cost is required when the party involved is a Non- resident of Tanzania and does not possess any immovable property in Tanzania) to mean that the Non –residency and possession of non-movable property must go together. In this case since it is a proven fact that I am a resident of Tanzania since April of 2009 then what ever is added to that provision in terms of possession of movable property is irrelevant. Interestingly, Mr. Mbogorro went on to admit the fault in the lower court ruling by stating to the Hon Judge “that even if the interpretation and application of the law by the lower court may be erroneous, I still feel that the ruling is correct and justified”. It is a Scientific and Legal fact, that one cannot use the wrong method or approach in any given situation and expect to get the correct answer, solution or outcome to that problem. This being the case, the lower Court cannot misinterpret or misapply the law or provision that is so clear and concise and expect to arrive at a correct and just ruling. It is also clear that this letter of appeal was sent to the Chief Justice not based on the 150M TSH security for cost deposit as requested by the Lower Court, but it was purely to demonstrate the error in the interpretation of the law/provision and as such denied me justice in my case of adultery against Mr. Josephat E.Mwingira and Dr. Phillis Morris.
In light of these facts, we prayed and expect the dismissal of this ruling of the lower court by the Hon Judge requiring me to make a security for cost deposit thereby allowing my law suit against both Mr. Josephat Mwingira, and Dr. Phillis Nyimbi for adultery to proceed.
Yours respectfully,
DrWilliamT.Morris
Dr. William T. Morris – APPLICANT
FOR AUTHENTICATION OF THIS STORY CONTACT – ADVOCATES BIN AND ASSOCIATES TEL- 255 713 547876 OR 255 658239332 OR JUDGE MWANDAMBO’S OFFICE 255 222127789
William T. Morris
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