JokaKuu
Platinum Member
- Jul 31, 2006
- 30,441
- 55,018
..Haya someni habari ya gazeti la serikali Daily News.
..Serikali imekuwa ikilimwa faini hata mashauri yanapoamuliwa na wasuluhishi wa Kitanzania.
..shauri la serikali vs China State Construction Engineering Corporation liliamuliwa hapahapa Tz, na msuluhishi alikuwa ni Mtanzania, na bado serikali ilishindwa.
..Tanzania ilihukumiwa kumlipa mkandarasi Mchina usd 21.5 million.
..tusifikiri kwamba msuluhishi wa kimataifa ana nongwa na Tanzania. hata huko kwa msuluhishi wa kimataifa, Tanzania huwakilishwa/hutetewa na mawakili toka nje ya nchi wenye uzoefu na utendaji wa mahakama hiyo.
..someni habari nzima hapa chini.
Daily News said:
THE decision by the Tanzania National Roads Agency (TanRoads) to terminate the 48.97bn/- road contract on 154km Kagoma-Lusahunga way in Kagera Region is likely to cost government billions of shillings, following recommendations given by the Disputes Review Expert, Prof. A. S. Mawenya.
In the determination he made on June 15, this year, after hearing the dispute between the parties, Prof. Mawenya said TanRoads wrongly expelled the contractor, China State Construction Engineering Corporation from the site, resulting in wrongful termination of the contract.
Prof Mawenya, therefore, has recommended that TanRoads should pay the contractor a total sum of 21,469,811 US Dollars. The state agency had terminated the contract it signed with the Chinese contractor in 2006 for poor performance and failure to comply with contractual obligations.
In his award, the dispute review expert said TanRoads would pay 15,617,492 US dollars as damages for wrongful termination of the contract and other 42,215.86 US dollars as finance costs, resulting from delayed advance payments.
According to Prof Mawenya, TanRoads would also pay 1,776,432.80 US dollars as reimbursement of customs duty and VAT if the contractor would not have pursued tax exemption independently with the Tanzania Revenue Authority and other 350,000 dollars towards cost of review.
Furthermore, the dispute review expert recommended that TanRoads pay the contractor 2,500,000 US dollars as balance of money for works executed until the date of termination and other 23,115 US dollars as his 50 per cent share of the expert's costs of service.
The said amount, Prof Mawenya said, would attract interest rate of three per cent per annum with effect from February 8, last year, the date of expulsion on the damages and costs awarded and from June 15, this year on the other payments awarded till date of payment in full.
It is stated that the Chinese construction firm signed the contract on March 13, 2006. The project was to be completed in 39 months, including the initial three months mobilization period. Commencement was April 21, 2006 and the project was expected to be completed by July 20, this year.
TanRoads appointed International Consultants and Technocrats Pvt Limited of New Delhi, India as the engineer to supervise the project. On June 7, 2007, the engineer served the contractor a default notice pointing out unsatisfactory performance.
Thereafter, on January 25, last year, TanRoads issued a 14 notice of expulsion to the contractor, stating that they had persistently neglected to comply wit its obligations under the contract, including failure to achieve average progress of five per cent per month.
The contractor allegedly failed to attain the average progress of seven per cent per month in order to catch up the lost time, instead it achieved only 1.5 per cent and failed to fully mobilize equipment needed for double shift working and to complete the mobilization of resources.
However, the Chinese contractor disputed the claims and, through its advocate Dilip Kesaria, took the matter to the Disputes Review Expert, as per the contract and sought his written recommendation on the matter.
cc BAK, Petro E. Mselewa , tindo, jingalao, TUJITEGEMEE, MTAZAMO, Pohamba, masopakyindi, Richard
..Serikali imekuwa ikilimwa faini hata mashauri yanapoamuliwa na wasuluhishi wa Kitanzania.
..shauri la serikali vs China State Construction Engineering Corporation liliamuliwa hapahapa Tz, na msuluhishi alikuwa ni Mtanzania, na bado serikali ilishindwa.
..Tanzania ilihukumiwa kumlipa mkandarasi Mchina usd 21.5 million.
..tusifikiri kwamba msuluhishi wa kimataifa ana nongwa na Tanzania. hata huko kwa msuluhishi wa kimataifa, Tanzania huwakilishwa/hutetewa na mawakili toka nje ya nchi wenye uzoefu na utendaji wa mahakama hiyo.
..someni habari nzima hapa chini.
Daily News said:
THE decision by the Tanzania National Roads Agency (TanRoads) to terminate the 48.97bn/- road contract on 154km Kagoma-Lusahunga way in Kagera Region is likely to cost government billions of shillings, following recommendations given by the Disputes Review Expert, Prof. A. S. Mawenya.
In the determination he made on June 15, this year, after hearing the dispute between the parties, Prof. Mawenya said TanRoads wrongly expelled the contractor, China State Construction Engineering Corporation from the site, resulting in wrongful termination of the contract.
Prof Mawenya, therefore, has recommended that TanRoads should pay the contractor a total sum of 21,469,811 US Dollars. The state agency had terminated the contract it signed with the Chinese contractor in 2006 for poor performance and failure to comply with contractual obligations.
In his award, the dispute review expert said TanRoads would pay 15,617,492 US dollars as damages for wrongful termination of the contract and other 42,215.86 US dollars as finance costs, resulting from delayed advance payments.
According to Prof Mawenya, TanRoads would also pay 1,776,432.80 US dollars as reimbursement of customs duty and VAT if the contractor would not have pursued tax exemption independently with the Tanzania Revenue Authority and other 350,000 dollars towards cost of review.
Furthermore, the dispute review expert recommended that TanRoads pay the contractor 2,500,000 US dollars as balance of money for works executed until the date of termination and other 23,115 US dollars as his 50 per cent share of the expert's costs of service.
The said amount, Prof Mawenya said, would attract interest rate of three per cent per annum with effect from February 8, last year, the date of expulsion on the damages and costs awarded and from June 15, this year on the other payments awarded till date of payment in full.
It is stated that the Chinese construction firm signed the contract on March 13, 2006. The project was to be completed in 39 months, including the initial three months mobilization period. Commencement was April 21, 2006 and the project was expected to be completed by July 20, this year.
TanRoads appointed International Consultants and Technocrats Pvt Limited of New Delhi, India as the engineer to supervise the project. On June 7, 2007, the engineer served the contractor a default notice pointing out unsatisfactory performance.
Thereafter, on January 25, last year, TanRoads issued a 14 notice of expulsion to the contractor, stating that they had persistently neglected to comply wit its obligations under the contract, including failure to achieve average progress of five per cent per month.
The contractor allegedly failed to attain the average progress of seven per cent per month in order to catch up the lost time, instead it achieved only 1.5 per cent and failed to fully mobilize equipment needed for double shift working and to complete the mobilization of resources.
However, the Chinese contractor disputed the claims and, through its advocate Dilip Kesaria, took the matter to the Disputes Review Expert, as per the contract and sought his written recommendation on the matter.
cc BAK, Petro E. Mselewa , tindo, jingalao, TUJITEGEMEE, MTAZAMO, Pohamba, masopakyindi, Richard