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Monday, 13 February 2017

APPEAL COURT SUMMONS BRITON OVER TIGO DEAL

Court of Appeal has summoned a Briton, James Alan Bell, to the hearing of an application on the controversial sale of 34,479 shares in MIC Tanzania Limited, TIGO, to Golden Globe International Services Limited.

Golden Globe, allegedly owned by Dar es Salaam based businessman Yusuf Manji, 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 ex parte, 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.

Daily News

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