Laemthong Rice Co. Ltd vs Principal Secretary Ministry of Finance Zanzibar (Civil Appeal No. 259 of 2019) [2022] TZCA 3038 (9 November 2022)

LAEMTHONG RICE CO. LTD v. PRINCIPAL SECRETARY MINISTRY OF FINANCE ZANZIBAR COURT OF APPEAL OF TANZANIA AT DAR ES SALAAM (MUGASHA, KITUSI, RUMANYIKA, JJ.A.) CIVIL APPEAL NO. 259 OF 2019 (From the Decision of the High Court of Zanzibar at Vuga (Rabia H. Mohammed, J.) dated 21st day of November, 2018 in Miscellaneous Civil Application No. 50 of 2017 Civil Practice and Procedure- execution of decree- powers of the Registrar in the application for execution- whether the registrar can alter the judgment and decree of the Court. This appeal arose from the ruling of the High Court of Zanzibar, sitting at Vuga, delivered by Justice Rabia H. Mohammed on 21st November 2018 in Miscellaneous Civil Application for Revision No. 50 of 2017. The appellant, on 23rd July 1985, at the request of the Government of Zanzibar, supplied 39,900 tonnes of rice worth USD 12,935,685, with compounded interest at 25% per annum. However, the respondent failed to make full payment for the rice, breaching its contractual obligation. The appellant subsequently lodged a suit, and the matter remained pending in court for a long time while awaiting a determination on the exact amount owed and how execution should proceed. On 18th December 2000, the court ruled in Laemthong Rice Co. Ltd v. Principal Secretary Ministry of Finance [2002] T.L.R 389, ordering that the decretal amount be USD 69,044,651.24. Following this, the appellant returned to the High Court and filed an application for execution, requesting a certificate of payment for the amount of USD 69,044,651.24. However, the Registrar issued a certificate for only USD 5,700,000. The appellant challenged this ruling by filing a reference to the High Court, but Justice Mohamed dismissed the reference. This appeal is against the decision of the High Court in Miscellaneous Civil Application No. 50 of 2017, which dismissed the reference. Held: (i) The Registrar has no authority to alter judgment and decree of the High Court in execution nor any previous order issued by the Court in the case.

Appeal allowed Cases referred: (i) Victoria Real Estate Development Limited vs. Tanzania Investment Bank and 3 Others, Criminal Revision No. 175 of 2015 [Unreported] (ii) Karori Chogoro vs. Waitihache Merengo Civil Appeal No. 164 of 2018. Mr. Juma Nassoro, learned Advocate for the appellant. Mr. Ali Ali Hassan, learned Principal State Attorney and Ms Salome Rama Senior State Attorney for the Respondent.