TANZANIA TRASHES RULE OF LAW AND BRITISH INVESTMENT

In an utterly bizarre twist in the infamous Silverdale Farm case, the Tanzanian government have now facilitated conduct that amounts to nothing short of the unlawful nationalisation of British assets.

In 1999, the Kyeri, Shari and Uswaa Mamba co-operative societies held the right of occupancy to Silverdale and Mbono Farms. They in turn in full compliance with the laws of Tanzania issued a derivative right in the form of a 60 year lease to Fiona Tanzania Ltd a company owned by Benjamin and Millie Mengi.

In 2004, Fiona (Mengi) sold the lease to Silverdale Tanzania Ltd, a company owned by British investor Stewart Middleton with Mengi as a minor shareholder who was later removed as a director in full compliance with the law.

There was a clause in the lease, which allowed for the assignment without the permission of the co-operative societies but despite this, their approval for the assignment was obtained.

One year after the assignment Mengi demanded the lease back on the basis that he had not been paid in full despite having signed a receipt for full payment. He applied to the District Land and Housing Tribunal to have the investor evicted. He admitted to the assignment and asked the Tribunal to evict the investors. This application went all the way to the High Court (Lands Division) where Hon Kileo dismissed it in 2006. Mengi took out another case this time in the High Court. In this case, again, he admits the assignment and asks again for it to be set aside and for the investor to be evicted. This case is still in the court and has not been heard.

In 2008, the British investors fled the country due to abuse of law, harassment and intimidation from the police and judiciary. Mengi invaded the farms in January 2008, broke into the investor’s house and stole and violated their property cut down all the trees on the farms and destroyed property.

Moshi Regional Police Commander Lucas Ng’hoboko refused to arrest  Mengi stating that he was a director of Silverdale Tanzania Ltd despite clear evidence from company’s house that he was not. The RPC stated Mengi was 'caring for the farms' until the investors returned for the UK.

Keeping up so far? Mengi assigns lease, asks for it to be revoked and then claims for it not to be revoked, as he wants to remain unlawfully on the farms.

If you think you have heard enough, read on.

On the 5th January 2010, Moshi Advocate Apollo Mruma, acting on behalf of the co-operative societies, completely ignoring the assignment from Fiona Tanzania to Silverdale Tanzania recognised Fiona Tanzania Ltd (and Benjamin and Mille Mengi) as the owner to the lease and served an eviction notice on them for breach of contract!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

This despite the fact that there was a caveat on the lease in the Lands Office in Moshi affected by Lands Officer Nkya.

Mengi's response, was to file another case in the High Court Lands Division case 2/2010 this time declaring himself unilaterally to be the owner of the lease (this despite the other cases in the same case in which he states he is not) asking for the eviction order to be stayed and for the High Court to declare him to be the owner of the lease and asking the co-ops to pay him $5,000,000 in damages but not stating what damages.

Not to worry you would think the High Court will tell Mengi, the co-ops and Mruma to get on their corrupt bicycles as there was clearly no contractual relationship between the parties as Fiona Tanzania sold the lease to Silverdale Tanzania in 2004.

Not so, the Moshi High Court, Lands Division just ignored the assignment and the existence of the British investors all-together!!!!!

The court upheld the eviction order and on 14th June 2010 with the assistance of the Moshi Police, Mengi was evicted from Silverdale & Mbono Farms.

What kind of Muppet show is this High Court that allows this ridiculous legal conduct? Utterly Bizarre.

President Kikwete has given his promise over and over again to the British government that he would ensure the rule of law was applied to this case. Instead, British investment has been destroyed in a savage and brutal manner and the rule of law trashed. The whole saga now represents nothing short of the nationalisation of British property and is an utter disgrace.

UK is the largest bi lateral donor of aid to Tanzania. Please stop giving aid to Tanzania until they stop abusing British citizens. Seems reasonable!!!!!!