Ex-deputy minister’s 100m/- appeal hearing on Monday

THE Court of Appeal is today set to start hearing the appeal lodged by former Deputy Minister, Dr Maua Daftari challenging a decision of the High Court, requiring her to pay businesswoman, Fatma Salmin, over 100m/-. In previous two sessions, the hearing could not take off for various reasons.

The first session was held on September 11, this year, but the court was forced to postpone the matter after granting a request by advocates for the businesswoman. Lead counsel Novatus Rweyemamu, who was assisted by advocate Mark Lebba, for the businesswoman, had informed the court that they were not ready to proceed with the hearing because their client instructed them late to conduct the mater.

The second session was penciled for October 28, this year. This time around, Advocate Peter Swai, assisted by Co-counsel Karol Tarimo, for the ex-deputy minister, could not show up for different reasons. Mr Swai, the court heard, had developed some sight problems and had, thus, went to seek medical attention.

The advocate informed the court in advance of his problem. The court was further told that advocate Tarimo was absent as he was appearing before another panel on the same day. As a result, the court postponed the hearing session to another date.

The justices, however, directed counsel for the parties that they should be prepared for the hearing on the date that would be arranged, which is today. In the appeal, Dr Daftari is asking the appeals court to quash the judgment and set aside the decree given by then High Court Judge Laurian Kalegeya, which was delivered by Judge Fredrica Mgaya on July 9, 2010.

But the businesswoman has also cross-appealed to challenge the same decision. The two individuals in the case were close friends. They came to know each other in 1995 when Ms Salmin went to Parliament to advertise her businesses to Parliamentarians. Since then, the two became very close.

But their relationship turned sour, prompting Ms Salmin to institute an assortment of claims, demanding a total of 410,092,400/- from Dr Daftari. The latter had vehemently denied the claims in question during the trial of the case.

Among the claims include 100m/- that was allegedly given to the former deputy minister in November 1996, for the purpose of procuring a fruit processing and canning plant from South Africa and delivering the same at Mlandizi in Kibaha District where Ms Salmin lives.

Other amount claimed included 10,950,000/- as loan received between 1994 and 1995 for the purchase of corrugated iron sheets and other miscellaneous construction materials and another 15m/- allegedly obtained in December 1996 for importation of motor vehicles, refrigerators and computers.

But, after hearing the matter, the trial judge dismissed other demands, but ordered Dr Daftari to pay the businesswoman 100,760,000/-, interests at the rate of from the date of judgment to the payment in full. The trial judge also ordered the then deputy minister to pay costs of the suit.

Both parties were aggrieved by the decision. Dr Daftari filed an appeal and advanced five grounds to support her appeal. In her part, Ms Salmin cross-appeal and filed several grounds to fault the High Court’s decision.

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