| dc.description | LAEMTHONG RICE CO. LTD VERSUS PRINCIPAL SECRETARY MINISTRY OF FINANCE ZANZIBAR
COURT OF APPEAL OF TANZANIA
AT DAR ES SALAAM
[MUGASHA, KITUSI, RUMANYIKA, JJ.A.]
CIVIL APPEAL NO. 259 OF 2019
(From the Decision of the High Court of Zanzibar at
Vuga (Rabia H. Mohammed, J.) dated 21st day of November, 2018
in Miscellaneous Civil Application No. 50 of 2017
Civil Practice and Procedure-execution of decree- powers of the Registrar in the application for execution-Whether the registrar can alter the judgment and decree of the Court.
This appeal arose from the ruling of the High Court of Zanzibar sitting at Vuga (Rabia H. Mohammed, J) handed down on 21st day of November, 2018 in the Miscellaneous Civil Application for Revision No. 50 of 2017. On 23 July 1985, 37 years ago, at the request of the Government of Zanzibar, the appellant supplied it with 39,900 tonnes of rice worth USD 12,935,685, with compounded interest of 25% per annum. Full payment for the rice was never made by the respondent in fulfillment of its contractual obligation. The Appellant lodged a suit in Court and the matter stood pending in Court for a long period for determination by the Court on the exact amount to be paid by the respondent and how execution should be carried out. However, on 18 December, 2000 the Court pronounced itself on that issue in Laemthong Rice Co. Ltd v. Principal Secretary Ministry of Finance [2002] T.L.R 389 and ordered that the decretal amount ought to be USD 69,044,651.24. Thereafter, the Appellant returned to the High Court and filed application for execution praying for a certificate of payment to the tune of USD 69,044,651.24 but the Registrar issued a certificate for the amount of USD 5,700,000.The appellant challenged the Registrar's ruling certifying US 5,700,000, by way of reference to the High Court but Mohamed, J. dismissed the reference. This appeal is against the decision of the High Court in Miscellaneous Civil Application No. 50 of 2017 dismissing the reference.
Held
(i). The Registrar has no powers to alter the judgment and decree of the Court in the execution.
Appeal allowed
No Statutory Provisions referred to:
Cases referred to:
1. Victoria Real Estate Development Limited vs. Tanzania Investment Bank and 3 Others, Criminal Revision No. 175 of 2015 [Unreported]
2. Karori Chogoro vs. Waitihache Merengo Civil Appeal No. 164 of 2018.
Mr. Juma Nassoro, learned Advocate for the appellant
Mr. Ali Ali Hassan, learned Principal State Attorney and Ms Salome Rama Senior State Attorney for the Respondent | en_US |
