Africa-Press – Tanzania. The Kisutu Resident Magistrate Court at Kisutu has ordered ousted NICOL Chairman Felix Mosha to pay the company 50m/- and return the company Motor Vehicle with Reg. No. T. 133 AVG-Land Cruiser.
The Civil Case No282 of 2017 that was before Yusto Ruboroga delivered its judgment last week at Kisutu Resident Magistrate Court in Dar es Salaam, where the case which was filed by NICOL against Mosha and the ousted NICOL CEO Kathleen Armstrong who is currently living and working in the USA.
The Court confirmed that the two defendants, Mosha and Mrs Armstrong were lawfully removed by the shareholders from the respective positions during an Extra Ordinary Meeting in April 2012, for the performance failure.
The Court further stated that the arguments by the Defendants that they were restored by Hon. Faudhi Twaibu J, in Misc. Civil Cause No 16 of 2011 was incorrect and misleading as the order clearly stated that the trial Judge order could not have a permanent effect, therefore, having given the shareholders resolution subsequently to the Trial Judge order, the order for reinstatement, in favour of the Defendants, therefore, ceased to have an effect.
The Court further stated that the shareholders’ decision to appoint a new Management was lawful as it was upheld by several decisions of the High Court and that the Shareholders resolution dated 14th April 2012 has never been overturned by any Court of law to date.
The Court, therefore, ordered Mr Mosha and Armstrong to immediately return Motor Vehicle No. T 133 AVG to the NICOL, Payment of 14.4m/- as financial losses suffered by the NICOL for hiring the alternative Motor Vehicle, payment of 22m/- as financial losses suffered by NICOL for the unauthorized sale of its property namely Mitsubishi Fuso, with Reg. No. T227 AXA, payment of 10m/- to NICOL as general damage and cost of the suit.
In this case, NICOL was represented by Advocate Benjamin Mwakagamba of BM Attorneys, while Mr Mosha was represented by Advocate Dominic Daniel.
