Manji loses appeal in 13bn/- Tigo share

FAUSTINE KAPAMA

EFFORTS by Quality Group Limited and Golden Globe International Service to challenge revision proceedings on the disputed 13bn/- transaction in the sale of 34,479 shares in Mic Tanzania Limited, trading as Tigo, flopped yesterday.

The Court of Appeal dismissed all grounds of objections the two companies had raised against the proceeding hearing, following a complaint by Millicom (Tanzania) NV, which claims to legally own the shares in question.

Justices Mbarouk Mbarouk, Augustine Mwarija and Shaban Lila overruled the grounds of objections and ordered the revision proceedings to be set for hearing on a date to be fixed later.

In the grounds of objections, the two companies under legal services of advocates Ndurumah Majembe, Herbert Nyanga, Mpaya Kamara and Joseph Ndazi, had stated that the revision proceedings were incompetent since Millicom (Tanzania) NV had alternative remedies.

Among the remedies, the lawyers submitted, included filing a separate suit. They had contended further that the proceedings were incompetent for non-joinder of the parties and that the same were bad in law for containing incomplete records.

In the ruling delivered by the Court’s Registrar John Kahyoza, the justices pointed out that the objection relating to the non-joinder of the parties was not fit to be raised as an objection because such issue would need facts to be ascertained.

According to the justices, the facts will depend on the discretion of the court to adjourn the matter so that an appropriate party be joined. As a result, they said, the issue will not lead the case to be disposed of or dismissed.

“For that reasons, we are of the view that the objection on non joinder of some parties ought to be argued in a normal manner, hence the point of objection was prima facie legally untenable. We therefore overrule it,” they said.

Regarding the other grounds of objections, the justices agreed with the submissions by advocates for Millicom (Tanzania) NV, Eric Ng’imaryo and Fayaz Bhojan, that when dealing with revision proceedings opened suo mottu the Court of Appeal has to be born in mind that it is the final court of final resort.

They said the Court of Appeal was the final custody of fundamental judicial duty to do justice. “It is not wise to allow any restrictions of powers, authority and jurisdiction coffered upon it,” the justices pointed out in the ruling.

The justices said they were of the view that before the Acting Chief Justice directed the revision to be opened suo mottu, he narrowed down the applicant’s complaint to the issue of right to be heard.

“It is not disputed that the right to be heard is a fundamental and constitutional right. Therefore, basically these proceedings are centred on that pertinent issue of the right to be heard. We are of the considered opinion that the preliminary objections raised are untenable,” they declared.

There have been ranges of claims as regard to transfer of shares of Tigo with Millicom (Tanzania) NV, a limited liability company registered under the laws of Curacao claiming to be the majority shareholder of MIC Tanzania Limited.

The dispute can be traced back to 2002 when a Briton, Mr James Bell, filed a Civil Case No. 306/2002 against MIC UFA Ltd, Millicom International Cellular SA and MIC Tanzania Limited.

In the case, Millicom NV was not a party. Mr Bell, the plaintiff in the proceedings, managed to get a default judgment against MIC UFA Limited and Millicom International Cellular SA only in March 2005.

The Plaintiff attempted to execute the judgment against shares in Tigo, but could not because High Court Judge Laurian Kalegeya, as he then was, on November 7, 2009 ruled that such shares were not owned by Millicom International Cellular SA, but rather Millicom NV, a wholly separate legal entity.

Meanwhile, two senior officials with Quality Group Limited, Jose Kiran (40), a Project Investment Manager and Prakash Bhatt (35), a Company Secretary, appeared before the same court accused of obstructing immigration officers from executing their duties.

The two officials, according to the prosecution, are alleged to have refused to report to the Regional Immigration Officer of Dar es Salaam by trying to escape outside the country through Horohoro border.

The accused denied the charge before Principal Resident Magistrate Cyprian Mkeha. They were granted bail on conditions that they each had to secure one surety who was to sign the 5m/- bond.

The case was adjourned to March 7, when it comes for another mention. Investigations into the matter, according to a prosecutor with Immigration Department Method Kagoma, have been completed.

The prosecution told the court that the accused, as employees of the company, committed the offence on February 20, this year, at Quality Group Limited in Dar es Salaam’s Ilala District.