THE new administration of the Independent Power Tanzania Limited (IPTL), Pan Africa Power Solutions Tanzania Limited (PAP), is set to enter into commercial discussions with Tanesco and the government to resolve any misunderstanding regarding production of power.
Such a resolution is expected to make IPTL to be fairly facilitated by the government in carrying out its commitment of expanding the power plant from the current 100MW to about 500MW and to charge Tanesco a lowest tariff of between six to eight US cents per unit.
This position is given by an Independent International Consultant with VIP Engineering and Marketing Limited (VIP), Mr James Rugemalira, to oppose an application lodged by Advocate Martha Kaveni Renju, who claims to be an appointee as Administrator Receiver of IPTL.
In the application, Ms Renju, is asking the High Court's Commercial Division to restrain the PAP and VIP from taking possession of, exercising beneficial or legal rights, or transferring any proceeds of Escrow Account or other IPTL assets, until final determination of the matter.
Ms Renju was allegedly appointed administrator receiver of IPTL on December 21, 2009, by Standard Chartered Bank (Hong Kong) Limited (Bank) under the powers charged security deed over a repay a loan amounting to 141,881,218.87 US dollars used to finance the project.
However, Mr Rugemalira states in his counter affidavit that the purported appointment by Ms Renju was a nullity because the Bank was not a creditor of the company as has been falsely representing to entitle them to appoint her as Administrator Receiver.
"Ever since was incorporated on November 1, 1994, IPTL has never registered any charge of its assets with the Registrar of Companies in Tanzania to entitle any creditor of IPTL to appoint an Administrative Receiver," he told Judge Robert Makaramba, who is hearing the matter.
Mr Rugemalira went further to challenge the jurisdiction of Commercial Court to grant orders sought by Ms Renju, because it was "functus officio" and the matter was "res judicata" having already been decided by Judge John Utamwa at the High Court District Registry.