THE dispute on attachment
of 1,092,000,130 shares of Vodacom has reached a new turn following a fresh
move by businessman Moto Mabanga of DRC to demand over 10bn/-from Vodacom
Tanzania Limited, for allegedly publishing defamatory statements against him.
However,
Vodacom Tanzania Limited have denied the claims by the businessman and their
lawyers from IMMMA Advocates have plainly indicated to strongly defend any
claim that Mr Mabanga would wish to tender before the court of law at his own
risk.
In a demand letter
served on the company, Mabanga’s lawyers stated that on March 16, this year,
their client filed a suit before the High Court’s Commercial Division for
enforcement of a decree by Kinshasa Court against Vodacom International Limited
over the shares held by Vodacom Group Limited.
Having been
served with pleadings, it is stated, Vodacom Tanzania Limited allegedly
maliciously prepared, distributed and caused to be published in various media
outlets, electronic and print words suggesting Mabanga connected the issue with
Vodacom PLC shares sold so that he is paid his debt.
“The statement
is false, malicious and unfounded as the suit is not concerned at all with
560,000,100 Vodacom Tanzania Plc shares that are being issued to the public for
sale,” reads part of the demand letter dated April 3, 2017 to the Company’s
Chief Executive Officer, Mr Ian Ferrao.
Rather,
according to the demand letter, the suit was concerned with attachment of
1,092,000,130 shares held by the Vodacom Group Limited in Vodacom Tanzania Limited,
the shares that are yet to be offered to the public for sale.
Furthermore,
it is stated that Vodacom Tanzania Limited uttered and caused to be published
alleged defamatory words against the businessman suggesting that after
completion of the case in Kinshasa Court he took the complaint once again
before the International Chamber of Commerce (ICC).
“The words are
false and malicious in that Mr Moto Mabanga never instituted any proceedings in
the International Chamber of Commerce Court of Arbitration,” reads another
paragraph of the letter by lawyers of the businessman, Mnyele, Msengezi &
Company Advocates.
It is alleged
that the published words have caused the businessman to be shunned, hated,
avoided and disparaged by the right thinking members of the Tanzania society.
Such words
allegedly portrayed Mabanga as an opportunist who intends to frustrate the
general public to purchase shares offered for the sale by Vodacom Tanzania, the
fact that is false and unfounded.
Therefore, the
lawyers have required the company to pay the said 5,000,000 USD, plus the costs
of the demand notice, which is 50,000 USD within seven days of receipt of the
same, failure of which they would proceed to institute a suit against them
without further notice.
In its
response to the demand letter, Vodacom Tanzania Limited referred to several
paragraphs Mr Mabanga had stated in support of an application, pending
determination of the main suit and came up with a position that the words
complained of are neither false nor malicious and are perfectly justifiable.
“Consequently,
we have been instructed to inform you that given the contents of your client’s
sworn affidavit, the statement which is the basis of complaint is neither false
nor malicious. Our instructions are to vigorously defend any suit (Mabanga) may
wish to file (in court),” Vodacom lawyers replied.
Mr Mabanga has
filed an application before the High Court’s Commercial Division, seeking
orders for attachment of 1,092,000,130 shares of Vodacom Tanzania Public
Limited Company to recover a debt amounting to over 40bn/- he is demanding.
In the main
suit, the businessman is seeking for judgment and decree for the court to open
the veils of incorporation of Vodacom Group Limited and Vodacom Congo DRC SPRL
and that the court should find that the two companies are practically one and
the same.
Mr Mabanga is
further requesting the court to order the execution of the judgment given by
Kinshasa Commercial Court by attachment and sale of the shares held by the
Vodacom Companies to realise a decretal amount of 20,080,000 US dollars.
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