FIDIVIN
Senior Member
- Aug 4, 2010
- 187
- 41
THE High Court on Tuesday struck out a Legal and Human Rights Centre's (LHRC) petition of objecting the registration of Dowans SA 94bn/- award.
Presiding Judge Emilia Mushi threw away the petition (miscellaneous civil application no. 8) citing that the petitioners had no legal mandate to open a case against the power generating firm.
"You had written in your petition that the reason for filing the petition was mainly because you had wanted to protect public interests but that is not your obligation. It is the job of the Attorney General," the judge stressed.
However, Judge Mushi told the court that a ruling in another petition of Dowans Holding SA and Dowans Tanzania Limited against Tanzania Electric Supply Company (Tanesco) would be given on notice.
After the ruling, the fourth petitioner, Timothy Kahoho, told the court that he was dissatisfied with the judge's ruling and said he would appeal.
"It is your right to appeal and you can do that any time," responded Judge Mushi.
Apart from the LHRC and Kahoho, other petitioners are Lawyers Environment Action Team (LEAT), and SIKIKA Company Limited. The respondents are Dowans Tanzania limited, Dowans Holding SA and Tanesco.
Striking out of the petition favoured the respondents who had filed an application praying for the court to throw away the petition because the petitioners involved had no legal powers to object to the 94bn/- award given to the firm by International Commercial Court.
The power generating company came into the country in 2007 after taking over the contract of Richmond Development Company, which had signed an agreement with the government to produce emergency power a year earlier, but failed to do so.
The contract was terminated by the government in 2008. On June 23, 2006 Tanesco entered into the Emergency Power Supply Agreement with Richmond Development Company, which assigned its contractual rights to Dowans Holding SA.
Thereafter, Dowans Holding SA assigned its duties to its subsidiary company, Dowans Tanzania Limited.
It is alleged that after the review of the agreement and irregularities in the contract, on June 30, 2008, Tanesco wrote to Dowans stating a decommissioning of the plants because the contract was void.
On November 20, 2010, Dowans filed arbitration proceedings before the International Court of Arbitration in Paris, France, claiming $109,857,686, as unpaid capacity charges and damages and it was later awarded the 94bn/-.
Presiding Judge Emilia Mushi threw away the petition (miscellaneous civil application no. 8) citing that the petitioners had no legal mandate to open a case against the power generating firm.
"You had written in your petition that the reason for filing the petition was mainly because you had wanted to protect public interests but that is not your obligation. It is the job of the Attorney General," the judge stressed.
However, Judge Mushi told the court that a ruling in another petition of Dowans Holding SA and Dowans Tanzania Limited against Tanzania Electric Supply Company (Tanesco) would be given on notice.
After the ruling, the fourth petitioner, Timothy Kahoho, told the court that he was dissatisfied with the judge's ruling and said he would appeal.
"It is your right to appeal and you can do that any time," responded Judge Mushi.
Apart from the LHRC and Kahoho, other petitioners are Lawyers Environment Action Team (LEAT), and SIKIKA Company Limited. The respondents are Dowans Tanzania limited, Dowans Holding SA and Tanesco.
Striking out of the petition favoured the respondents who had filed an application praying for the court to throw away the petition because the petitioners involved had no legal powers to object to the 94bn/- award given to the firm by International Commercial Court.
The power generating company came into the country in 2007 after taking over the contract of Richmond Development Company, which had signed an agreement with the government to produce emergency power a year earlier, but failed to do so.
The contract was terminated by the government in 2008. On June 23, 2006 Tanesco entered into the Emergency Power Supply Agreement with Richmond Development Company, which assigned its contractual rights to Dowans Holding SA.
Thereafter, Dowans Holding SA assigned its duties to its subsidiary company, Dowans Tanzania Limited.
It is alleged that after the review of the agreement and irregularities in the contract, on June 30, 2008, Tanesco wrote to Dowans stating a decommissioning of the plants because the contract was void.
On November 20, 2010, Dowans filed arbitration proceedings before the International Court of Arbitration in Paris, France, claiming $109,857,686, as unpaid capacity charges and damages and it was later awarded the 94bn/-.
