By
our Correspondent
THE
Independent Power Tanzania Limited (IPTL) and Pan African Power Solutions (T)
Limited (PAP) have moved the High Court (Commercial Division) to order Standard
Chartered Bank Hong Kong Limited and Standard Chartered Bank Malaysia Berhard
to pay about 50bn/-as security for costs.
In
an application lodged before the Dar es Salaam Court recently, the two local
companies are seeking such orders for payments of 22,880,006 US dollars,
pending determination of proceedings challenging enforcement a foreign judgment
for payments of about 400bn/- in favour of the two banks.
Judge
Barke Sahel will hear the application that has been filed under certificate of
urgency on October 10th this year. The application has been
supported by seasoned Advocate Joseph Makandege, who is also the Company
Secretary and Chief Counsel of IPTL and PAP.
In
the affidavit to support the application, Mr. Makandege, currently the Acting
Executive Chairman and Managing Director of IPTL and PAP, states that the two
banks, who are respondents, are corporate citizens of and domiciled in Hong
Kong in the Peoples’ Republic of China and Malaysia, respectively.
“None
of them is registered in the country or own any property, let alone an
immovable property, or asset or has a known registered establishment in
Tanzania, within the local limits of the jurisdiction of this court,” reads
part of the affidavit.
He
stated that as of to date none of principal officers of the respondent banks
has signed or verified any document or pleading, be it in proceedings for
enforcement of the impugned judgment or counter affidavits filed in opposition
to the applicants proceedings to set aside registration of such judgment.
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