moto matiko mabanga vs vodacom group limited and 3 others 2021 tzhccomd 3284 25 june 2021

moto matiko mabanga vs vodacom group limited and 3 others 2021 tzhccomd 3284 25 june 2021

The ICC arbitral award has been registered as a decree of the High Court of Tanzania, restraining the plaintiff from executing the Kinshasa judgment and confirming the settlement agreement remains in force. The court is functus officio and cannot entertain enforcement of the Kinshasa judgment or related agreements. Plaintiff failed to prove locus standi and entitlement to relief.

Citation
moto matiko mabanga vs vodacom group limited and 3 others 2021 tzhccomd 3284 25 june 2021
Parties
Plaintiff: Moto Matiko Mabanga; 1st Defendant: Vodacom Group Limited; 2nd Defendant: Vodacom Tanzania Public Limited Company; 3rd Defendant: Vodacom International Limited; 4th Defendant: Vodacom Congo DRC SPRL
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
25 June 2021
Procedural Posture
Commercial Case / Final Judgment
Outcome
Dismissed
Legal Topics
Enforcement of Foreign Judgments, Recognition of Arbitral Awards, Locus Standi, Piercing Corporate Veil, Jurisdiction, Settlement Agreements
Source Language
English
Commercial Law International Arbitration Corporate Law Enforcement of Foreign Judgments Recognition of Arbitral Awards Locus Standi Piercing Corporate Veil Jurisdiction +1 more

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Parties

Moto Matiko Mabanga

Plaintiff

Vodacom Group Limited

1st Defendant

Vodacom Tanzania Public Limited Company

2nd Defendant

Vodacom International Limited

3rd Defendant

Vodacom Congo DRC SPRL

4th Defendant

Procedural Posture

Commercial Case / Final Judgment

Legal Issues

  1. 1 Whether enforcement of the judgment of the Commercial Court of Kinshasa and the settlement agreement dated February 2013 is maintainable in law
  2. 2 Whether the judgment of the Commercial Court of Kinshasa was superseded by the settlement agreement
  3. 3 Whether the court is legally bound to consider the ICC Arbitral Tribunal proceedings and decision

Ratio Decidendi

The ICC arbitral award has been registered as a decree of the High Court of Tanzania, restraining the plaintiff from executing the Kinshasa judgment and confirming the settlement agreement remains in force. The court is functus officio and cannot entertain enforcement of the Kinshasa judgment or related agreements. Plaintiff failed to prove locus standi and entitlement to relief.

Court Disposition

Dismissed

Orders

  • Case dismissed with costs