IPTL-TANESCO case set for first mention in high court

DAR ES SALAAM: A CIVIL case involving the Independent Power Tanzania Ltd (IPTL) and Tanzania Electric Supply Company (TANESCO) is set for first mention at the High Court tomorrow.

According to a notice from High Court issued by Deputy Registrar, the case will be under Judge Salma Maghimbi.

“You are required to appear in this court without fail and must produce on that day all documents upon which you intend to rely on in support of your case,” the notice reads.

In the case the IPTL had sued the TANESCO for a number of reliefs including declaration that the International Centre for Settlement of Investment Disputes (ICSID) Award conclusively, finally and fully arbitrated and determined the first invoice dispute and all issues culminating to and canvassed during the ICSID-1 arbitration.

Also, the plaintiff sues the defendant for declaration that the defendant having not appealed or anyhow assailed the ICSID-1 award.

The plaintiff also seeks a special damage amounting to 21.26bn/- (equivalent to 13.12 million US dollars) being outstanding balance of the Power Purchase Agreement (PPA) receivables due and payable to the plaintiff for the period running from 2007 to September 2013.

The IPTL further filed a case demanding a special damage amounting to 19.5bn/-, being a discount, the defendant had conditionally offered by the plaintiffs but forfeited or recalled for failure by the defendant to fulfill the condition for which it was offered.

In another count, the plaintiff has sued the defendant for an order that the defendant pay the plaintiff a special damage amounting to 143bn/-, being outstanding capacity charges and energy payments payable under the PPA.