demeanour, the Petitioner claims that one can easily look at the evidence of Dr Philip
Haule Filikunjombe and notice that he had the propensity of not telling the truth. He went on
attacking the testimony of the witness that he had deliberately lied through paragraph 4 of the
counter affidavit that the government of Tanzania does not have a specific page in
Clubhouse. Here we think the learned advocate is drawing the issue out of proportion. What
Dr Filikunjombe averred in paragraph 4 of his counter affidavit is that the Government of the
United Republic of Tanzania has official communication platforms with the public for
which the Clubhouse is not one of them. We have discussed at length herein above
the issue of whether Clubhouse is an official Government Communication platform
or not. We will not repeat it here. We are compelled to reiterate that the
government of Tanzania indeed uses the Clubhouse to communicate with the public.
But it is inconclusive that the same is an official communication channel. Thus, we
cannot conclude that Dr Philip Haule Filikunjombe lied on oath.
Following his attack on paragraph 4 of Dr Filikunjombe's counter affidavit that he has
lied to the court the Petitioner prayed that the testimony of such witness be either
disregarded or accorded less weight. The Respondents have contested such an allegation
calling it an afterthought. This court found that the Government of Tanzania uses the
Clubhouse. Moreover, such use is, arguably, not an official communication as it has not been
formally sanctioned by the law. But as to the allegation of perjury that otherwise makes the
affidavit defective, this was not raised before the court, it is a statement from the bar.
However, it is appreciated that the Petitioner's counsel referred to several cases to persuade
the Court to disregard Dr Filikunjombe's testimony.
It is imperative though to emphasise here that the Petitioner never sought leave of the
court to summon Dr Filikunjombe to appear for cross examination. The regrets registered by
the Petitioner cannot now be acted upon as they constitute an afterthought. Moreover, the
demeanour of the witness is the monopoly of the trial court as held in Ami Tanzania
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