2 Dubai businessmen accused of extortion


nngu007

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nngu007

nngu007

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Posted in Tanzania
9 Jun 2013
Dodsal Group, Dodsal Hydrocarbons, Dodsal Resources, Mining Itilima Busilili (Tanzania) PVT Limited, Mining Itingi (Tanzania) PVT Limited

Three companies dealing with mining, oil and gas exploration in Tanzania have accused two businessmen from Dubai, Mr Ali Saeed Albwardy and Mr Hasmuth Bhagwanji Masrani, of extorting money and conspiring to injure their businesses and financial positions.


Mr Albwardy, who has several investments in
Tanzania and Mr Masrani, also having commercial and business interests in the country and elsewhere in the world, are alleged to have committed the conspiracy through unlawful acts and extorting monies by frivolous means from the companies.



The allegations are contained in a plaint of a commercial dispute signed by one Rajen Kilachand as chairman of the companies that has been filed at the High Court's Commercial Division in Dar es Salaam, with Mr Masrani being joined as the defendant.



He has denied the claims in his written statement of defence (WSD). The three companies, Dodsal Hydrocarbons and Power (Tanzania) PVT Limited, Dodsal Resources and Mining Itilima Busilili (Tanzania) PVT Limited and Dodsal Resources and Mining Itingi (Tanzania) PVT Limited are the plaintiffs in the commercial dispute.



They are asking the court to give an order, among others, that the defendant should stop committing acts of extortion against the plaintiffs whether directly or indirectly. They further seek for a declaration that the defendant should be restrained from presenting himself as a director of the companies.



"The defendant in conspiracy with a few individuals including one Ali Saeed Albwardy, with ulterior motives to injure the plaintiffs businesses and financial positions by unlawful means, conspired and combined to extort moneys from the plaintiffs by frivolous means," part of the plaint reads.



It is alleged in the plaint of the suit that pursuant to and in furtherance of the conspiracy to extortion, the two businessmen carried out some unlawful acts and means by which the three companies have allegedly suffered and been injured.



On October 31, 2011, it is alleged, Mr Albwardy, while in Dubai spread unfounded rumours and made derogatory and unqualified remarks against the three companies and the Chairman of the Dorsal Group of Companies which had the effect of tarnishing their image and all of their associate companies.



It claimed in the plaint further that on the same day in Dubai, Mr Albwardy, through one Mr Satish Seemar is reported to have made a proposal to purchase the companies dealing in mining, oils and gas business.



"The plaintiffs assert that the claims for claims of joint and equal interest in the companies was aimed at diminishing the value of the companies so that the intending purchasers could purchase the companies at diminishing in spite of substantial work in exploration and prospecting had been done," it is stated.


According to the plaint, on November 23, 2011, the defendant through Mr Albwardy, proposed to the plaintiffs through Mr Kilachand that the defendant be paid a finder's fees for his assistance in obtaining concession in Tanzania.


"The plaintiffs submit that a claim for equal interests in the plaintiffs on one hand and a suggestion on payment to the defendant of finder's fees on the other is an indication of the defendant's efforts at making extortionate claims against the plaintiffs," the plaint of the suit further states.



Advocates Masumbuko Lamwai and Amour Hamis are appearing for the plaintiffs, while Counsel Dilip Kesaria is representing the defendant. The case which is being presided over by Judge Robert Makaramba, comes on June 13, this year, for necessary orders.



In his WSD, Mr Masrani denies each and every allegation in the plaint, including claims of conspiracy and extortion and requests the court to dismiss the case. He claims that he has no reasons to cause injury to the companies in which he is entitled to 50 per cent shares in net profits.



Mr Masrani alleges that through his own hard and initiatives, he procured several lucrative exploration and mining rights for the production and development of petroleum hydrocarbons, minerals and metal explorations and mining.



He states in his defence document that the signatory to the plaint of the suit, Mr Kilachand has been known to him for several years and had expressed his interest in the exploration and mining business in Tanzania and
Uganda.



"Mr Kilachand offered to the defendant the Dodsal Group's expertise and financial strengths for the exploration, development and production of petroleum hydrocarbons, minerals and metals in Tanzania in exchange for an equal 50 per cent share in the net profits after all expenses," part of WSD reads.




By FAUSTINE KAPAMA, Tanzania Daily News
 
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