Tuesday, March 31, 2015

HOSPITALI YA AMI/TRAUMA CENTER MASAKI KUFUNGWA?.......................DAR HOSPITAL FACES CLOSURE OVER SH3BN RENTAL CHARGES

IN SUMMARY

In a February, 2015 ruling, the Court of Appeal ordered the South African company operating as AMI Hospital or Trauma Centre to deposit in court the money plus a monthly rent of $64,000 from January 2013 to the date it vacates the premises following a dispute over tenancy with a local businessman, Navtej Singh Bains.

Dar es Salaam. AMI Hospital or Trauma Centre at Msasani in Dar es Salaam is facing closure after it failed to comply with the Court of Appeal order that sought the South African company to deposit in court $1.514 million (about Sh2.725 billion) following a dispute over tenancy.

In a February, 2015 ruling, the Court of Appeal ordered the South African company operating as AMI Hospital or Trauma Centre to deposit in court the money plus a monthly rent of $64,000 from January 2013 to the date it vacates the premises following a dispute over tenancy with a local businessman, Navtej Singh Bains.

Justices Mbarouk Mbarouk, Salum Massati and Catherine Oriyo gave the order against AMI [African Medical Investment Tanzania] Public Limited, as a condition for allowing an application for stay of execution of a High Court decree regarding the payments.

The court made their ruling on civil application No. 185 of 2014 filed by AMI in protest against the execution of a ruling on main commercial suit No. 104 of 2013 that it lost to its landlord (local businessman Navtej Singh Bains) in respect of a building where the company is conducting its business.

AMI Hospital had lost the case filed by the landlord for failure to pay rent for the past 26 months in a legal battle at the Tanzania Commercial Court in November 2014 and were issued with a notice for eviction by the landlord.

Ami subsequently filed for bankruptcy protection to the High Court last Friday stating that it was operating insolvently having incurred losses for the past two years.

AMI Plc chief executive officer Theunis Peter Botha, who is also a director and CEO of the local AMI Hospital in Tanzania, filed the bankruptcy application in the High Court of Tanzania.

But AMI Tanzania issued a notice last Wednesday, in which it appealed for coolness from all its stakeholders, saying it was operating normally.

“The management of Ami Hospital –Dar es Salaam wishes to take this opportunity to acknowledge to its various stakeholders that we are aware of their fears and concerns that have been elicited by news that appeared in a section of local media to the effect that AMI has filed for bankruptcy….the hospital management would instead like to appeal for calmness and understanding from all stakeholders and assure them that we are going about our normal operations as usual and there is no cause for alarm,” the statement reads.

In the bankruptcy petition filed last week before the High Court’s Main Registry, the company alleges that it has been incurring losses in terms of billions to the extent of having several outstanding liabilities which are now exceeding its ability to pay to different creditors.

“The petitioner (AMI) incurred a net loss of $1.146 million in the year ended February 28, 2013 and in the year ended February 28, 2014, the petitioner incurred a net loss of $775,000,” reads a section of the petition document. It is stated that the company was also required to pay outstanding dues to the National Social Security Fund, the Tanzania Revenue Authority and individuals.


According to the petition, given the value of the assets of the company and the amount of money owed to it by creditors, there was no way it would be able to raise enough funds for paying them as well as meeting its obligations.
SOURCE: THE CITIZEN

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