A LOCAL Company, ST. Martin Co. Limited, has given a Chinese firm, China Railway 15 Bureau Group Corporation, 14 days to pay them over 70bn/- for consultancy services offered on construction of 10,000 houses countrywide for Tanzania People’s Defence Forces (TPDF) staff members.
“With this letter we demand that you pay
our clients the amount demanded within 14 days short of which our
instruction is to file a suit against you for recovery of the amount and
general damages at your own costs as to reputation and costs,” reads
part of the latter by Great Harvest Attorneys.
In its demand notice dated July 21, 2017
for 35,300,000 US dollars payments, the law firm briefly explains that
sometimes in 2008, ST. Martin Co. Limited held a series of meetings with
the Chinese firm in Loyang-Hanen Province regarding the project
relating to construction of the houses in question.
“Your Managing Director one Mr Xu
Dongkun wrote to our client an invitation letter dated February 27, 2008
listing officers from our client’s office to visit China to deliberate
on the said project,” the demand letter to the Managing Director of
China Railway 15 Bureau Group Corporation states.
It is stated that the officials of the
consultancy company, Mr Gerald Warioba, Mr Yohana Nyakibari and Mr
Abihud Nalingigwa, were listed in the said invitation letter and they
duly visited China in pursuit of the project in question.
After the visit, according to the demand
letter signed by advocate Kenneth Maganga, such Tanzanian officials
invited the Chinese delegation to come to Tanzania and have negotiations
with the Ministry of Defence and National Service.
On December 24, 2008, it is stated, ST.
Martin Co. Limited organized a tripartite meeting with China Railway 15
Bureau Group Corporation and the ministry regarding the construction of
10,000 houses for the TPDF staff members.
“From your company, the said meeting was
attended by all the delegates from China and Mr Li Chaoyun, the then
Deputy General Manager was the signatory to the resolved agreed terms of
reference on behalf of China Railway,” the demand letter further
states.
Among deliberations, it is stated, China
Railway 15 Bureau Group Corporation would execute the construction
project that is building of standard houses for TPDF. That was bonding
onto the parties to the meeting.
The law first stated that unfortunately
since the Chinese firm secured the project and obtained the technical
drawings from ST. Martin Co. Limited, dropped all the communications and
opted to execute the project under the mask of MCC20, a company that is
an alien to the negotiations to the project.
Interestingly, it is alleged, such
company (MCC20) comes from the same Loyang-Hanen Province. “Be informed
that our clients have done thorough investigations on the link between
your company and MCC20,” the demand letter further reads.
The demand letter adds, “(Our clients)
have all the details evidencing that the said company (MCC20) is just a
mask behind which you are hiding. You have so far constructed 6,000
houses for a hefty amount.”
Recently, China Railway 15 Bureau Group
Corporation disassociated itself with the project that it is not aware
of it and was not concerned anyhow as it did not ex ecute such project
for construction of the houses.
“Your allegations are not only untrue,
but also undermine the reputation, credibility, brand, good name and
image of China Railway 15 Bureau Group Corporation to the public of
United Republic of Tanzania and People’s Republic of China,” a response
letter to ST. Martin Co. Limited states.
Through Mzizima Law Associate Advocates,
the Chinese firm also gave 14 days to a local Consultancy Company to
write an apology for what it termed as “justifiable accusations”
relating to the project.
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