The complainant brought application under a certificate of urgency to restrain the Respondents from discussing the complainant at a synod due to be held from 07th to 11th of February 2011. The Respondents raised a preliminary objection among others that the claim was premature because the Applicant had not exhausted the remedies provided for in the Constitution of the North-Eastern Diocese of the Evangelical Lutheran Church in Tanzania of 2000. The complainant claims that he was condemned unheard, and that it was the 1st Respondent who influenced the 2nd Respondent’s Pastoral Council and Executive Council to terminate him unprocedurally and unconstitutionally while the powers to remove him lay in the synod. His efforts to have the conflict settled amicably by making a complaint in writing to the 1st Respondent on 01st September 2010; making a complaint in writing to the Secretary of the Diocese and the head of the ELCT Church in Tanzania proved futile because he received no effective remedy. It is against this background that the complainant filed the present claim.

