Deputy minister Daftari is ordered to pay 100m/-

The High Court yesterday ordered that Infrastructure Development deputy minister Maua Daftari pay Fatmah Salmini Said 100,760,000/- in claims dating back to November 1996.

Judge Lauren Kalegeya delivered the judgment as the court sat in Dar es Salaam to rule on a case in which the complainant, Fatmah, wanted the deputy minister to pay her a total of 410,092,400/- exclusive of interest and costs.

The judge said Fatmah`s claims were premised on nine different and unrelated sources.

One was 100m/- she said she gave the defendant in November 1996 for purposes of procuring and importing a fruit processing and canning plant from South Africa. The plant would be delivered at Mlandizi.

She was also claiming for a refund of a 10,950,000/- loan she gave the defendant between 1994 and 1995 for the purchase of corrugated iron sheets and the footing of construction costs.

The complainant was further claiming 15m/- she said she gave the defendant in December 1996 for purposes of importing vehicles, refrigerators and computers for a joint business.

Another claim was in respect of 20m/- given as the value of an assortment of gold and diamond ornaments taken from her by the defendant for temporary use between 1995 and 1997 but not returned.

Fatmah was further claiming 8,530,000/- in refund in connection with the purchase price and related costs of a Toyota Land Cruiser sold to her by the defendant.

Additionally, the complainant was claiming 10,300,000/- in initial payment for the purchase of a new vehicle and school fees for the defendant`s daughter.

A further 8,812,400/- claim was with regard to money the complainant said she gave the deputy minister in March 1997 for the purchase of a satellite dish from UK.

Fatmah had told the court that she had given the complainant a further loan to the tune of 7m/- to facilitate the wedding of the defendant�s daughter.

She was also claiming 29,500,000/- over an alleged breach of contract in connection with a 96-acre farm purchased at Disunyara Village.

That was apart from a claim for 200m/- in general damages for multiple breaches of contract.

The defendant had, in turn, claimed 15m/- from the complainant in costs she said she had incurred improving the said farm.

Judge Kalegeya said the court looked into ten issues before reaching the ruling, including whether the complainant had indeed paid the defendant the amounts of money she was claiming and whether there were really any breaches of contract or other transactions to be blamed on the defendant.

Judge Kalegeya ruled that Fatmah had succeeded in convincing the court on the November 1996 claim for 100m/-.

He further observed that the complainant had managed to get 500,000/-, being part of the alleged 10,300,000/- initial payment for the purchase of a new vehicle and school fees for defendant�s daughter.

The complainant had also managed to get back 260,000/- as part of the said 7m/- wedding facilitation loan.