12:00
Yusuf Manji
who own Golden Globe, is reported to have acquired the shares in the
telecommunications firm for 13bn/-.
But, there
are forgery claims shrouding the sale transaction of the shares, with the court
warning in a notice published last week that should the Briton fail to show up,
the application for revision will be heard and decided exparte, in his
absence.
Registrar of
Court of Appeal John Kahyoza has indicated in the notice that the application
hearing, which has been called on the court’s “suo mottu” (own motion) would be
heard by a panel comprising Justices Mbarouk Mbarouk, Augustine Mwarija and
Shaban Lila on February 15.
According to
the notice, the aim of the hearing is to examine the correctness, legality or
propriety of the proceedings, judgment and decree issued by the High Court’s
District Registrar Pamela Mazengo on November 10 and 13, 2014.
The applicant
to the application is Millicom (Tanzania) NV and Golden Globe, James Bell and
Quality Group Limited are the respondents. The application hearing follows the
complaint by Millicom to the Chief Justice on case proceedings.
In the
January 10, 2017 letter, Millicom NV, a limited liability company registered
under the laws of Curacao, claims to be the majority shareholder of MIC
Tanzania Limited, which trades as Tigo, the telecom firm registered in the
United Republic of Tanzania. Records show that in 2002, 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 neither one of the defendants nor interested party. Mr Bell,
the plaintiff in the proceedings, got a default judgment against MIC UFA
Limited and Millicom International Cellular SA only in March 2005 and nowhere
in the judgment is Millicom NV mentioned as the defendant or judgment debtor.
The plaintiff
attempted to execute the judgment against shares in Tigo, but could not because
the then High Court Judge Laurian Kalegeya, on November 7, 2009 ruled that the
shares were not owned by Millicom International Cellular SA, but rather
Millicom NV, a wholly separate legal entity.
However, on
February 18, 2014, the plaintiff filed another application for execution
against the same shares, which he claimed were owned by Millicom International
Cellular in Tigo.
On June 17,
2014, the District Registrar, Ms Pamela Mazengo, appointed Mustafa Nyumbamkali
of Super Auction Mart & Court Brokers as auctioneer and issued a
prohibitory order attaching Millicom International Cellular owned shares in
Tigo.
The
non-existent shares were purportedly sold by way of an auction on November 5,
2014 to an offshore company, Golden Globe, allegedly controlled and
beneficially owned by Manji. On November 10, 2014, the Registrar issued a
certificate of sale, concluding the execution in shares of Millicom
International Cellular in MIC Tanzania limited.
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