The Court of Appeal in Tanzania has unequivocally dismissed the appeal by OSE Power Solutions Limited against Airtel Tanzania Limited in a 2.2bn/- case. The case revolves around a dispute over the supply of goods and services.
OSE Power Solutions suffered a setback as the Court ruled in favor of Airtel, dismissing the application for a review of the judgment. Justices Barke Sehel, Patricia Fikirini, and Amour Khamis decreed that the applicant’s arguments lacked the necessary grounds for the review, leading to the dismissal of the application with costs to the respondent.
In its attempt to challenge the High Court’s decision, OSE Power Solutions addressed fifteen grounds of appeal, including alleged errors in the admissibility of documentary exhibits. The applicant contended that certain documents were not part of the amended plaint, but the trial court had the discretion to admit them, emphasizing the lack of objection by the respondent.
The Court, however, referred to legal provisions and past cases, highlighting the requirement for documents relied upon by the parties to be attached to the pleadings. The justices were unconvinced by the applicant’s assertions and underscored that the Court properly re-appraised the evidence on record, maintaining that the applicant’s concerns were thoroughly considered.
The dispute originated from the supply of various products and professional services by OSE Power Solutions to Airtel between 2009 and 2012, including generators, spare parts, fuel, batteries, and electrical goods, coupled with their installation at Airtel Tower and other sites.
The Court’s decisive ruling brings closure to this protracted legal tussle, affirming Airtel’s stance in the dispute.
