HIGH Court Judge Ama Munisi has
disqualified herself from conducting the execution proceedings involving the
Governor of Bank of Tanzania (BoT) and Statutory Manager with FBME Bank
Limited, over payments of 92bn/- earlier decreed as a sum to be paid to Coast
Textiles Limited (CTL).
The judge took the stance last week,
following an application argued by Advocate Joseph Rutabingwa, for Coast
Textiles Limited, after his client had lost confidence on her. However, Judge
Munisi pointed out that the reasons advanced for her disqualification were
insufficient.
But, referring to two complaint
letters filed by the company's Managing Director, Mr Sudhir Lakhanpal, the
judge ordered that the case files involving the matter should be sent to the
Judge in Charge of the High Court for reassignment to another judge, who would
take over the conduct of the proceedings.
Advancing submissions to support his
client's position, Mr Rutabingwa had explained that Coast Textiles Limited was
concerned on the way two applications; one of them filed under certificate of
urgency was being handled.
The advocate submitted that both
applications sought ex-part and inter-parte hearing. According to him, on
September 15, 2016, Advocate Karim Rashid, for BoT, appeared ex-parte and
obtained a ruling before the application was endorsed for hearing.
In both applications, he submitted,
Coast Textiles Limited raised some grounds of objections and some point in
time, he had applied the same as 'disposed' by way of written submissions and
requested for security to avoid coming with an empty decree, but nothing was
taken into consideration.
"My client thinks that justice
cannot be seen to be done before your court. My client is of the view that he
has not been fairly treated and therefore, the matter be placed before another
judge for determi nation," the advocate submitted.
In response to the submissions in
question, advocates for the BoT and that of FBME Bank, Angelister Naashon, had
told the judge that the allegations given were not only false, but also
fabricated claims against the court and themselves as counsel for the opposing
parties.
"This court should take action
against the advocate who is behind all these false accusations against it and
the counsel for the other parties. An advocate has a duty to the court and his
client.
The duty to the court is paramount to
assist it to reach a just decision," Mr Rashid submitted. He pointed out
that disqualification of a judge was a judicial process whereby a person
applying for it must demonstrate potential bias on the judge.
According to him, no such
demonstrations have been made by Advocate Rutabingwa. In the execution
proceedings, Deputy Registrar Projest Kahyoza, has ordered BoT Governor, Prof
Benno Ndulu and Statutory Manager with FBME Bank Limited to show cause how the
decree dated July 25, 2015, given by Judge Aloysius Mujulizi should be
satisfied or else the two should be taken to prison.
The execution of the decree
originates from a civil case that was decided against FBME Bank Limited after
selling landed property, including a plant owned by Coast Textiles Limited,
which was later transferred to Five Star Investment Limited following a dispute
relating to overdraft facility.
Records show that BoT that was not
part to the original proceedings is linked in the matter after taking over the
management of FBME Bank Limited, having been implicated with money laundering
crimes in Cyprus in order to protect Tanzanian customers.
On December 31, 2015, the court
issued a garnishee order directing the governor of BoT to attach accounts belonging
to FBME Bank Limited in execution of the decree for payments of
92,265,023,140/-, which include principal sum and interests.
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