21st Century Food & Packaging Ltd vs Tanzania Sugar Producers Association & Others (Civil Appeal 91 of 2003) [2005] TZCA 31 (15 June 2005)

IN THE COURT OF APPEAL OF TANZANIA

AT DAR ES SALAAM

(CORAM: RAMADHANI, AG. C.J.; MROSO, J.A. And NSEKELA, J.A.)

CIVIL APPEAL NO. 91 OF 2003

BETWEEN

21^ST CENTURY FOOD AND PACKAGING LTD. …………...… APPELLANT

VERSUS

1. TANZANIA SUGAR PRODUCERS ASSOCIATION...1^ST RESPONDENT

2. THE MINISTRY OF FINANCE OF THE TANZANIA

GOVERNMENT …………………………….… 2^ND RESPONDENT

3. THE HON. ATTORNEY GENERAL …………………. 3^RD RESPONDENT

(Appeal from the decision of the High Court

of Tanzania, Commercial Division)

(Kalegeya, J.)

dated the 6^th day of November, 2003

in

Commercial Case No. 85 of 2003

-------------

ORDER

RAMADHANI, AG. C.J.:

Upon being moved by the letter of Ms. Jessie S. Mnguto learned counsel for the respondent, and considering the fact that our decision of 25^th February, 2004, departed from a chain of previous decisions of this Court on which the learned counsel for the respondent relied upon in raising the preliminary objection, the Court vacates its previous order as to costs and orders that each party to bear its own costs.

DATED at DAR ES SALAAM this 15^th day of June, 2005.

A.S.L. RAMADHANI

AG. CHIEF JUSTICE

J.A. MROSO

JUSTICE OF APPEAL

H.R. NSEKELA

JUSTICE OF APPEAL

I certify that this is a true copy of the original.

(S.M. RUMANYIKA)

DEPUTY REGISTRAR