The Non-Governmental Organization (NGO) Mema Foundation has filed an appeal to oppose the ruling by the High Court of Moshi, regarding the ownership and importation of optical medical equipment brought into the country from Denmark, valued at US$92,870.

The embattled medical equipment were imported into the country in November 2021 from Denmark as a donation by the NGO Better Vision Africa, based in Denmark.

According to Mema Foundation’s Secretary General, Alfred Kaaya, the equipment was supposed to be distributed for free to those in need, especially persons with albinism, children, and the elderly in certain districts of the Arusha region, particularly after the Tanzania Revenue Authority (TRA) granted a tax exemption estimated at 41m/-.

Initially, in case number 7 of 2022, Mema Foundation, through its Secretary General Alfred Kaaya, filed a lawsuit against Charlotte Strandfelt, Dr. Focus Maro, the NGO namely Good Samaritan Foundation, and KCMC Referral Hospital, by accusing them of taking the equipment without Mema Foundation's permission and breaching of the contractual agreements.

In his claims, Kaaya stated that, as the Secretary General of Mema Foundation, he was responsible for preparing all the documents for importing the equipment. 

The Tanzania Medicines and Medical Devices Authority (TMDA) inspected and issued clearance approval number TMDA-WEB0021/MDR/SIPER/5988, and the Tanzania Revenue Authority granted a tax exemption.

Kaaya claimed that, along with the first defendant, Charlotte Strandfelt, who was previously his partner in the Mema Foundation, they received the equipment and took it to Pazuri Hotel, located just outside the city of Arusha. 

He alleged that later, under unclear and questionable circumstances, the equipment were taken and transported to KCMC Referral Hospital, where its Director, Professor Giliard Masenga, confirmed receiving the equipment in a letter with reference KCMC/A.43/VOL1X/48.

However, despite Kaaya's claims, Judge S.H. Simfukwe, in his ruling, noted that the complainant (Kaaya) failed to convince the court that his organization was the rightful owner of the equipment Norwegian well-wishers.

Basis of the appeal

According to Kaaya, his organization is challenging the ruling of the High Court of Moshi, as the defendants (1, 2, 3, 4) failed to present any documentary evidence in court to prove that they were the rightful owners or importers of the equipment, as required by the country’s law.

“The High Court of Moshi did not consider the importance of having relevant government authorities involved in granting the tax exemption (TRA/TMDA) present in court or submitting written evidence to prove the ownership and legitimacy of the equipment,” Kaaya explained in one of the points of his appeal.

He further explained that the High Court of Moshi failed to recognize that defendants 1 and 2 could not present to the court the number of boxes containing the equipment they had received and placed under their control.

Kaaya added that the High Court of Moshi made a legal error by proceeding with the case without considering that defendants (1, 2, 3, 4) had not submitted written evidence as required by law.

Mema Foundation, based in Usariver, Arumeru District, was legally registered under registration number NGO/2076 on August 10, 2021.

Speaking to this newspaper, KCMC Referral Hospital’s Director, Professor Gileard Masenga, confirmed the dispute over the medical equipment and he added that his hospital was entrusted with importing it into the country.

However, when asked about who was given the tax exemption documents by the TRA, the professor could not provide an explanation and briefly by responding that the equipment sill stored at the hospital, awaiting instructions from its owner for distributions.

“The equipment is here at the hospital, and we are waiting for instructions from the owner for the next steps to be taken,” said Professor Masenga.