In the High Court of Tanzania (Dar Es Salaam District Registry) Miscellaneous Civil Cause No. 21 of 2017
In the matter of an application for the removal of Mr. Karel Daele, the adjudicator appointed by the Respondent pursuant to an agreement between the Applicant and the Respondents.
BISMARK HOTELS LTD - APPLICANT
KAREL DAELE - 1st RESPONDENT
PANGEA MINERALS LIMITED - 2nd RESPONDENT
BARRICK EXPLORATION AFRICA LIMITED - 3rd RESPONDENT
ACACIA MINING PLC - 4th RESPONDENT
HON. JOSEPH S. WARIOBA - 5th RESPONDENT
Date of last Order: 24/7/2018 Date of Ruling: 20/9/2018
The applicant Bismark Hotels Ltd instituted the present application under a range of provisions including; Order XLIII (2), section 68 (e), and section 95 of the Civil Procedure Code, Cap 33 RE 2002, section 2(3) of the Judicature and Application of Laws Act, Cap 358 RE 2002; Article 108 (2) of the Constitution of the United Republic of Tanzania 1977 as amended and any other enabling provisions of the law. Initially the application was preferred against five respondents, however on 24/7/2018, when Mr. Nyange, learned counsel appeared for the fifth respondent, the issue of the latter's locus in the proceedings was put to scrutiny and it transpired that his presence in the application was unnecessary.
The court thus granted the prayer to have the name of the fifth respondent expunged from the record, leaving the other four respondents untouched. The applicant is seeking the following orders: