EMT
Platinum Member
- Jan 13, 2010
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The trial of the libel action of Regnald Mengi v Hermitage commenced in the UK this week. Reginald Mengi, a Tanzanian businessman and philanthropist, is suing Sarah Hermitage, a non-practicing English solicitor, over emails and website postings. Sarah Hermitage had asked the court to order Mengi to give security for costs by payments into court of instalments totalling £610,500, on the basis that if she wins the case she would not be able to recover the costs in Tanzania because the courts here are so corrupt. She submitted to the court extensive evidence to show how corruption is prevalent in Tanzanian courts.
Among evidence relied on included a statement by Mr Fauz Tawib, a former President of the Law Society of Tanzania (now a High Court Judge); a report on commercial justice in Tanzania entitled "Commercial Justice in Tanzania: Enhancing the Capacity of the Commercial Court" including a statement by Mr Justice RV Makaramba, the Judge in Charge of the Commercial Division of the High Court of Tanzania dated 8 October 2009; the Report of the Prevention and Combating of Corruption Bureau of Tanzania dated 21 November 2009; and a statement of Mr Thomas Mihayo, a retired Justice of the High Court of Tanzania dated 13 May 2011.
Earlier Deputy Master considered this extensive evidence on the state of affairs in Tanzania. He set it out in detail in ten pages of his judgment about corruption in Tanzanian courts. The conclusions the Deputy Master drew from the evidence were before the Master in the form of a note, almost word for word, were as follows:
"11 … I have to say with considerable regret that I do find that the incidents of such corruption (within the judiciary of Tanzania) poses a substantial risk in the circumstances to successful enforcement proceedings. I accept the proposition of Mr Barnes that it is not necessary to show complete impossibility of enforcement; nor, to make it quite plain, do I in fact find that complete impossibility of enforcement is the probable case. What I do find is that there are substantial obstacles and extra burdens within the meaning of Mance LJ's judgement in the way of enforcement. …
27. My findings when I weigh the evidence for the defendant and the evidence for the Claimant on this application are as follows:
(1) There is widespread and serious corruption within the judiciary in Tanzania;
(2) The risk of such corruption is such that it cannot be said to stop short of affecting proceedings for the registration and the enforcement of an order for the defendant's costs, if such an order is made;"
On appeal, Tugendhat J, a judge of the High Court of England, Queen's Bench Division in Reginald Mengi v. Sarah Hermitage, ordered Mengi to pay into court a sum in excess of USD 3 million in order to secure Hermitage's legal costs on the ground that the Courts in Tanzania are so riddled with corruption that he would not subject a British citizen sued in England by a Tanzanian without assets in England, to the unnecessary risk of enforcing an English judgment in courts known for their corruption.
No doubt, the rest of the world will soon be relying on the same judgment to exact exorbitant security for costs from any Tanzanian intending to make a claim in their courts against their citizens. So essentially, we will be shut out of functioning judicial systems because the international community considers our system too corrupt to willfully expose their citizens to.
You can read the full judgement at: Mengi v Hermitage [2012] EWHC 2045 (QB) (20 July 2012)
Among evidence relied on included a statement by Mr Fauz Tawib, a former President of the Law Society of Tanzania (now a High Court Judge); a report on commercial justice in Tanzania entitled "Commercial Justice in Tanzania: Enhancing the Capacity of the Commercial Court" including a statement by Mr Justice RV Makaramba, the Judge in Charge of the Commercial Division of the High Court of Tanzania dated 8 October 2009; the Report of the Prevention and Combating of Corruption Bureau of Tanzania dated 21 November 2009; and a statement of Mr Thomas Mihayo, a retired Justice of the High Court of Tanzania dated 13 May 2011.
Earlier Deputy Master considered this extensive evidence on the state of affairs in Tanzania. He set it out in detail in ten pages of his judgment about corruption in Tanzanian courts. The conclusions the Deputy Master drew from the evidence were before the Master in the form of a note, almost word for word, were as follows:
"11 … I have to say with considerable regret that I do find that the incidents of such corruption (within the judiciary of Tanzania) poses a substantial risk in the circumstances to successful enforcement proceedings. I accept the proposition of Mr Barnes that it is not necessary to show complete impossibility of enforcement; nor, to make it quite plain, do I in fact find that complete impossibility of enforcement is the probable case. What I do find is that there are substantial obstacles and extra burdens within the meaning of Mance LJ's judgement in the way of enforcement. …
27. My findings when I weigh the evidence for the defendant and the evidence for the Claimant on this application are as follows:
(1) There is widespread and serious corruption within the judiciary in Tanzania;
(2) The risk of such corruption is such that it cannot be said to stop short of affecting proceedings for the registration and the enforcement of an order for the defendant's costs, if such an order is made;"
On appeal, Tugendhat J, a judge of the High Court of England, Queen's Bench Division in Reginald Mengi v. Sarah Hermitage, ordered Mengi to pay into court a sum in excess of USD 3 million in order to secure Hermitage's legal costs on the ground that the Courts in Tanzania are so riddled with corruption that he would not subject a British citizen sued in England by a Tanzanian without assets in England, to the unnecessary risk of enforcing an English judgment in courts known for their corruption.
No doubt, the rest of the world will soon be relying on the same judgment to exact exorbitant security for costs from any Tanzanian intending to make a claim in their courts against their citizens. So essentially, we will be shut out of functioning judicial systems because the international community considers our system too corrupt to willfully expose their citizens to.
You can read the full judgement at: Mengi v Hermitage [2012] EWHC 2045 (QB) (20 July 2012)
