20151111 TZHC Dar es Salaam

20151111 TZHC Dar es Salaam

The application for contempt was dismissed because the applicants failed to establish a prima facie case of contempt. The cited persons did not act in contempt as the bank had unblocked the account, and subsequent shareholder resolutions and court orders had changed the management of NICOL, rendering the applicants unauthorized to operate the account. The procedure and legal provisions relied upon by the applicants were also found to be inapplicable.

Citation
20151111 TZHC Dar es Salaam
Parties
Applicant: Felix Mosha; Applicant: Kathleen 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
11 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

Kathleen 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 court by failing to comply with a court order to unblock NICOL's bank account
  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 cited persons did not act in contempt as the bank had unblocked the account, and subsequent shareholder resolutions and court orders had changed the management of NICOL, rendering the applicants unauthorized to operate the account. The procedure and legal provisions relied upon by the applicants were also found to be inapplicable.

Court Disposition

Application dismissed with costs

Orders

  • Application for contempt is dismissed
  • Applicants to pay costs