In a new turn of event, the Confederation of Tanzania Industries (CTI) Chairman,
Mr Felix Mosha, has gone to the Court of Appeal to challenge the sale of his
house scheduled for next Sunday, to satisfy a 371m/- court’s decree.
The
decree was issued by the High Court’s Commercial Division against him, Mrs Anna
Mosha and West Kilimanjaro Flower Park, for failure of the company they
had guaranteed to repay a loan to Stanbic Bank Tanzania.
The
filing of the two applications comes after the High Court on January 8, 2013,
issued a proclamation of sale by public auction of the house situated on Plot
No. 91 Regent Estate Area, Kinondoni Municipality in Dar es Salaam, on January
27.
But
in his one of affidavits to support the applications in question, advocate for
the applicants, Herbert Nyange, stated that “a notice of appeal was filed by
his former law firm of Nyange, Ringia and Co. Advocates on January 24, 2008, in
time.”
However,
advocate Nyange stated that, instead of naming the applicants as appellants,
they were named as applicants. According to him, the error was negligible but
could only be corrected after an application to amend it was made to the Court
under Court of Appeal Rules.
Mr
Nyange explained that no application was made either formally or informally and
in the absence of leave to make such amendments, he purported to correct the
mistake and filed a corrected version of the notice of appeal on March 18,
2008.
Its
ruling was to be delivered on January 6, 2012, but was not and the next date
was not communicated to him, the Court found the record of appeal wanting
because of the correction made out of time and struck out the appeal in a
ruling read in his absence without notice on January 31, 2012.
“On
account of the ruling having been delivered in my absence, I was not able
immediately to purchase its copy and promptly lodge an application for
extension in the Commercial Court until February 24, 2012, only twenty four
days thereafter,” reads one of his affidavits he has filed.
Facts
of the case show that in 2004, the bank issued a loan of 602,500 US dollars to
West Kilimanjaro Flower Park Limited, while Mr and Mrs Mosha executed personal
guarantee to secure the repayment of the loan by the company.
It
was alleged that the company failed to repay the loan and as of May 18, 2007,
the outstanding debt stood at 51,278 US dollars and 165,93m/-
The bank
had no other option than filing a suit, through Kesaria and Company Advocates,
against the trio on May 21, 2007.
Particulars
of the suit indicate that the company was liable to the bank as principal
borrower, while Mr and Mrs Mosha were responsible as guarantors for the company
for repayment of the loan.
On
January 24, 2008, the High Court issued judgment in favour of the bank, but the
defendants appealed the decision to the Court of Appeal. But in December 2011,
the appeal was “struck out.”
The
trio went back to the High Court, seeking for orders for extension of time to
file afresh notice of appeal to oppose the judgment award. However, on
November 21, last year, High Court Judge Agnes Bukuku dismissed the request.
Source: The Daily News, www.dailynews.co.tz, reported by Faustine Kapama in Dar es Salaam
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