BabuK
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- Jul 30, 2008
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MeTL CEO- Mo Dewji
The Appeal Court of Tanzania has nullified a High Court ruling made against Mohamed Enterprises (T) Limited (MeTL) in favour of an official acting as an agent of the Libyan government challenging the application for revision involving payment of USD 6.64 million.
MeTL requested the Court of Appeal in August this year to dismiss the objection raised by the Libyan official Masoud Mohamed Naser seeking to challenge the application.
In the application MeTL asked the Appeal Court to call for the records of the High Court for examination to satisfy itself as to their correctness, legality and propriety of the proceedings and orders given by Judge Fauz Twaibu on February 02 this year.
In the ruling this week, the panel of Court of Appeal judges led by Judge Dr Steven Bwana and including justices Bernard Luanda and Catherine Uriyo ruled in favour of MeTL by nullifying the proceedings and orders of Judge Twaib.
The judges said the issues involved two applications and two notices of the preliminary objections raised both in the High Court of Tanzania and in the Court of Appeal.
Judge Bwana who read the ruling said in the former court two applications seemed to have been heard by two different judges of the same court but at different times. "The first judge Augustine Mwarija High Court of Tanzania head an application, recorded a consent settlement order and had a decree to that effect issued," said Dr Bwana in his ruling.
He said the process in their view had brought the matter to a final stage, but another application in opposition to the earlier done by Judge Mwarija, was filed by one of the parties challenging the contents of the first decree (of Mwarija).
"Disregarding calls that the court was final-(has performed its duty) Judge Fauz Twaib proceeded with the hearing of that second application," said Justice Bwana .
He said in his finding, Judge Twaibu set aside the former findings of Judge Mwarija together with the decree drawn from and which made a ruling in favour of the applicant (MeTL), who was respondent in the first application.
The court said the findings of judge Twaib formed the basis of the present matter before the court of Appeal.
After the proceedings of the case under learned counsel, Dr Masumbuko Lamwai for the applicant and Majura Magafu for the respondent, the court of appeal ruled that it cannot condone under the pretext of substantive justice, the procedure adapted by Judge Twaib in setting aside the decision and decree of a fellow judge of competent jurisdiction, Judge Mwarija and entering instead a different contrary order.
Judge Bwana said for the reasons considered and stated, the court of appeal concluded that the preliminary objection raised failed entirely and is dismissed.
He said the application for revision was properly filed before the Court as it aimed at requesting the Court to correct an apparent error and nullify the proceedings conducted in the High court by Judge Twaib.
"As a consequence, we grant this application and set aside orders by Judge Twaibu dated February 02 this year. We restore the original decree of the High Court by Judge Mwarija," said Judge Bwana.
He said the costs of the application and the one before the High Court are awarded to the applicant, Mohamed Enterprises (T) Limited.
SOURCE:THE GUARDIAN
