Dar Es Salaam — THE dispute surrounding the monopoly importation and distribution of Heineken beer in Tanzania has taken a new twist as Mabibo Beer Wines and Spirits Limited has filed an objection, seeking the dismissal of a complaint lodged by Baraka Stores before the Fair Competition Commission.

The Commission under the chairmanship of Mr Nikuluba Shimweta and two members, Mr Abihudi Nalingigwa and Mrs Hilda Mafwenga was toda scheduled to hear the grounds of the objection. However, he directed the parties to make written submissions.

The members ordered advocate Respicious Didace, for Mabibo Company and Mwakandege Joseph, for the Tanzania Revenue Authority to file their submissions on March 24, while advocate James Bwana for the Baraka Stores to reply on April 7. The Commission will deliver the ruling on notice.

Mabibo Wine Company, the sole importer and distributor of the beers in the country, wants the complaint dismissed because it has no cause of action as their exclusivity rights is statutorily provided under Trade and Service Marks Act and East African Community Customs Management Act.

The company states that the Commission was not seized with jurisdiction to entertain the complaint because the issue of exclusivity by Mabibo Wine Company in importing the beers was subjudice in a pending case before Kinondoni Resident Magistrate's Court against Chissels Limited.

Principal Resident Magistrate Emirius Mchauru has already granted an interrogatory order, restraining any other person than Mabibo Beer Wines and Spirits Limited from importing and selling Heineken Premium lager and Windhoek Premium Lager Beer products in Tanzania.

The Baraka Stores, according to the objection lodged by Didace and Company Advocates, Mutabuzi and Company Advocates and Ngalo and Company advocates, was aware of such interrogatory order as he has notice through annexture attached to his statement of complaint dated October 2, 2009.

Mabibo Wine Company also wants the complaint dismissed because Baraka Stores' own evidence in an attachment to records of appeal in the appeal lodged before the Fair Competition Tribunal last year is self confessed tax evader in breach of East African Community Customs Management Act.

Furthermore, the complaint by Baraka Stores owned by businessman Lucas Mallya was time barred for being initiated afresh for more than 157 days in breach of the Law of Limitation Act. The TRA also raised similar grounds of objection and that Mr Malya has no locus standi.

Mr Malya lodged his first complaint before the Commission on April 30, 2008, to challenge the monopoly by Mabibo Wine Company to import and distribute Heineken Beer products in Tanzania. The Commission summarily rejected the complaint for lack of cause of action.

The businessman lodged an appeal before the Fair Competition Tribunal. Mabibo Wine Company challenged the jurisdiction of the Tribunal to hear the appeal and that the appeal was incompetent because they were not a party in proceedings before the Commission.

On September 30, last year, High Court Judge Razia Sheikh, who heard the appeal with two members of the tribunal, Victoria Makani and Ramesh Shah, dismissed the objection raised by Mabibo Wine Company because it centred on contentious matter of facts, which needed to be proved by evidence.

Having being dissatisfied by the Tribunal's decision, Mabibo Wine Company filed an application before the Court of Appeal, seeking nullification of all proceedings because it assumed original jurisdiction in the appeal without showing any exceptional good reasons for doing so.

On March 3, this year, Justices Eusebia Munuo, Nathalia Kimaro and Mbarouk Mbarouk quashed the proceedings and decisions given by Fair Competition Tribunal after observing several serious irregularities that need intervention by the highest court of the land.