Appeal Court frees UNHCRT country rep from paying businessman 40m/-

 

THE Court of Appeal has quashed the proceedings and consequential orders requiring the Country Representative UNHCR Tanzania and Head of Filed Office UNHCR Kasulu Field Office to pay a businessman from Kigoma Region, Yusuph Adamu, about 40m/- over contractual obligations dispute.

Justices Mbarouk Mbarouk, Bernard Luanda and Richard Mziray ruled that the two United Nation (UN) organizations were immune from legal proceedings as per the Diplomatic and Consular Immunities and Privileges Act and the Convention on Privileges and Immunities of the United Nations. 

 

“Having extensively examined our laws and even contribution from prominent scholars in the field of international law, we have reached a decision that the defendants in this case are entitled to enjoy the immunity from suit and legal process,” they declared in a ruling delivered in Tabora Region recently.

The justices noted that under section 20 Article V of the Convention on Privileges and Immunities of the United Nations, it is the only the Secretary General of the United Nations who have the right and the duty to waive the immunity to warrant a certain UN organisation to face legal proceedings.

“Since no waiver has been granted by the UN Secretary General, we are constrained to invoke our revisional powers conferred upon us under section 4 (3) of Appellate Jurisdiction Act by quashing and setting aside proceedings and orders of both High Court as well as District Court of Kasulu,” they said.

However, due to the circumstances surrounding the matter, the justice resorted to the Convention on Privileges and Immunities of the United Nations, 1946, which encourages amicable settlement procedure to be followed to resolve the controversy involving the parties.

“After we have quashed and set aside the proceedings and orders of the two lower courts, we advise the parties to find ways and means to agree on the applicable mode to reach to a settlement through the Ministry of Foreign Affairs.

It is so ordered,” the justices said in their ruling dated October 22, 2016. Facts of the matter show that the two UN organizations had advertised for sale some of the used items of the UNHCR at Kasulu Field Office, including motor vehicles.

In response to the advertisement, Mr Adamu after inspecting several vehicles, tendered to purchase two of them for 33,250,000/-. He paid for the two vehicles and the defendants issued their registration cards together with the motor vehicles to him.

But the plaintiff refused to receive them because they were damaged beyond repair. After several unfruitful discussions and negotiations, Mr Adamu decided to file a suit. Before Kasulu District Court, the plaintiff claimed 97,000/- as compensation for loss of business, 20,2370,000/- as costs incurred in making a follow up of the vehicle and 20m/- as general damages arising from contractual obligation on the sale of the said motor vehicles.

The defendants did not enter appearance to defend themselves.

Instead, they informed the trial court through the Ministry of Foreign Affairs on their status as being UN institutions and the procedure to be followed to solve the said dispute.

Despite that information, the trial court proceeded to hear the matter ex-parte and entered a default judgment against the defendants. Thereafter, the plaintiff attached three motor vehicles of the defendant.

In attempt to sell the vehicles, the matter came to the attention of the Attorney General. The Attorney General decided to lodge a complaint before the High Court at Tabora Registry where the court decided to revise the mater suo motu and confirmed the decision of the trial court.

It was at that point that the Chief Justice decided to direct Registrar of Court of Appeal to initiate revision proceedings.