millicom tanzania nv vs james alan russels bell others 2018 tzca 355 26 july 2018

millicom tanzania nv vs james alan russels bell others 2018 tzca 355 26 july 2018

The execution process and sale of the applicant's 34,479 shares were conducted in violation of mandatory legal provisions and without affording the applicant the right to be heard. The applicant was not named in the execution application, no formal order for attachment of its shares was made, and no proper notice or proclamation was issued. The subsequent insertion of the applicant's name after the sale was irregular and did not cure the illegality. The sale was void ab initio and must be set aside.

Citation
millicom tanzania nv vs james alan russels bell others 2018 tzca 355 26 july 2018
Parties
Applicant: Millicom (Tanzania) N.V; 1st Respondent: James Alan Russel Bell; 2nd Respondent: Golden Globe International Services Limited; 3rd Respondent: Quality Group Limited; 4th Respondent: MIC UFA Limited; 5th Respondent: Millicom International Cellular S.A; 6th Respondent: MIC Tanzania Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
26 July 2018
Procedural Posture
Civil Revision / Ruling on Suo Motu Revision by Court of Appeal
Outcome
Application allowed; execution proceedings and sale set aside.
Legal Topics
Execution of Decrees, Right to Fair Hearing, Corporate Personality, Attachment and Sale of Shares
Source Language
English
Civil Procedure Company Law Constitutional Law Execution of Decrees Right to Fair Hearing Corporate Personality Attachment and Sale of Shares

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Parties

Millicom (Tanzania) N.V

Applicant

James Alan Russel Bell

1st Respondent

Golden Globe International Services Limited

2nd Respondent

Quality Group Limited

3rd Respondent

MIC UFA Limited

4th Respondent

Millicom International Cellular S.A

5th Respondent

MIC Tanzania Limited

6th Respondent

Procedural Posture

Civil Revision / Ruling on Suo Motu Revision by Court of Appeal

Legal Issues

  1. 1 Whether the sale of 34,479 shares of the applicant was valid under the law
  2. 2 Whether the applicant was afforded the right to be heard before the attachment and sale of its shares

Ratio Decidendi

The execution process and sale of the applicant's 34,479 shares were conducted in violation of mandatory legal provisions and without affording the applicant the right to be heard. The applicant was not named in the execution application, no formal order for attachment of its shares was made, and no proper notice or proclamation was issued. The subsequent insertion of the applicant's name after the sale was irregular and did not cure the illegality. The sale was void ab initio and must be set aside.

Court Disposition

Application allowed; execution proceedings and sale set aside.

Orders

  • The purported sale of 34,479 shares is set aside as a nullity.
  • The purchaser (2nd respondent) is to be refunded the purchase price by whoever is holding the money.