The award was given to two companies, Dowans Tanzania Limited and Dowans Costa Rica, hitherto referred as Dowans, by the International Chamber of Commerce (ICC) in London, for breach of an electricity supply contract entered with TANESCO.
TANESCO's lawyer Alex Nguluma prayed for the court to suspend the enforcement of the Dowans award, to give the power company ample time to prepare for the appeal. Presiding Judge Fauz Twaib adjourned the case to April 18 when the court would determine whether to grant TANESCO's plea or not.
According to Justice Twaib, TANESCO did not have to ask for permission to make an appeal. Dowans Tanzania Limited and Dowans Costa Rica came to the country in 2007 and took over a contract from Richmond Development Company, which had failed to deliver on an agreement with the government to produce emergency power, a year earlier.
However, in September 2011, the High Court in Tanzania accepted the registration of Dowans Tanzania Limited and Dowans Costa Rica award (granted by ICC). In their petition in 2011 against the registration of the award, TANESCO argued that the staggering amount would not serve the interest of the public.
Meanwhile, the Kisutu Resident Magistrate's Court adjourned to March 20 the theft case against two businessmen and former Bank of Tanzania officials accused of stealing 207.2m/- from the BoT through the EPA scheme. According to State Attorney Shadrack Kimaro, the case had come up for mention for both sides to set the date for submissions on whether their clients have a case to answer or not.
In the case, the businessmen allegedly stole 207,284,391.44/- from BoT after presenting forged documents to show that their company named Rashaz was assigned to collect the debt from an Indian Company, General Marketing.