20151109 TZHC Dar es Salaam

20151109 TZHC Dar es Salaam

The application for contempt was dismissed because the applicants failed to establish a prima facie case of contempt. The respondents complied with the court's order by unblocking the account, and subsequent actions by NICOL's shareholders lawfully changed the company's management, rendering the applicants' claims to office and authority to operate the account invalid. The procedure adopted by the applicants was also found to be improper for contempt proceedings in these circumstances.

Citation
20151109 TZHC Dar es Salaam
Parties
Applicant: Felix Mosha; Applicant: Kath Keen Armstrong; Applicant: National Investment Co. Ltd (NICOL); Respondent: The Capital Markets and Securities Authority (CMSA); Respondent: Hon. Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 November 2015
Procedural Posture
Miscellaneous Civil Cause / Ruling on Application for Contempt of Court
Outcome
Application dismissed with costs
Legal Topics
Contempt of Court, Execution of Judgments, Corporate Governance
Source Language
English
Civil Procedure Company Law Contempt of Court Execution of Judgments Corporate Governance

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Parties

Felix Mosha

Applicant

Kath Keen Armstrong

Applicant

National Investment Co. Ltd (NICOL)

Applicant

The Capital Markets and Securities Authority (CMSA)

Respondent

Hon. Attorney General

Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Application for Contempt of Court

Legal Issues

  1. 1 Whether the cited persons acted in contempt of the court's order dated 6 March 2012
  2. 2 Whether the procedure adopted for contempt proceedings was proper

Ratio Decidendi

The application for contempt was dismissed because the applicants failed to establish a prima facie case of contempt. The respondents complied with the court's order by unblocking the account, and subsequent actions by NICOL's shareholders lawfully changed the company's management, rendering the applicants' claims to office and authority to operate the account invalid. The procedure adopted by the applicants was also found to be improper for contempt proceedings in these circumstances.

Court Disposition

Application dismissed with costs

Orders

  • Application for contempt is dismissed with costs to the respondents.