Floton Africa Ltd has withdrawn a civil case against Shivo (SMC-Private) Company Limited and two individuals, Richard Ashby and Christian Bonu, at the High Court of Zanzibar. The case, Civil Case No. 87 of 2025, was withdrawn under Order XXVII Rule 1(2)(b) of the Civil Procedure Decree. The court made no order as to costs. The plaintiff had alleged infringement of its proprietary rights in a business concept known as "Signature Nungwi".
The withdrawal follows an earlier ruling delivered by the High Court on April 15, 2026, in which Judge G. J. Kazi dismissed preliminary objections raised by the defendants. The defendants had argued that Floton Africa had no cause of action, lacked the legal standing to institute the proceedings, and that the court had no jurisdiction to hear the matter. However, the court held that the objections raised questions of fact requiring evidence.
The defendants had also argued that the "Signature Nungwi" concept was not registered and that no enforceable rights existed. The court said determining whether Floton Africa held rights over the concept, whether those rights were registered, and whether infringement had occurred required examination of evidence. The court consequently declined to determine those questions at the preliminary stage.
The court also considered the defendants' argument that the plaint had been signed and verified by Godfrey Nyigu, identified as a manager of Floton Africa, without proof that he had been authorised to act on behalf of the company. The judge held that the question of authorisation was factual and could be established through documentary or oral evidence.
Having found that the objections did not meet the legal threshold for preliminary objections, the court dismissed them and directed that the suit proceed to a hearing on its merits. However, the subsequent withdrawal order of September 3 brought the proceedings to an end before the court could determine the substantive allegations.
The two court orders do not establish whether the alleged proprietary rights over "Signature Nungwi" existed, whether infringement occurred, or the reasons behind the plaintiff's decision to withdraw the case. The withdrawal should not be interpreted as a judicial finding either confirming or disproving the allegations made in the original suit.
The case was withdrawn on September 3, 2026, and the order was signed by Judge G. J. Kazi. The withdrawal brings the proceedings to an end without a judicial determination of the underlying dispute. The case had been ongoing since it was filed in 2025.
Key points
- Floton Africa Ltd withdrew a civil case against Shivo Company Limited and two executives over alleged infringement of proprietary rights.
- The court had previously dismissed preliminary objections raised by the defendants, allowing the case to proceed to a hearing on its merits.
- The withdrawal does not imply a judicial finding on the allegations made in the original suit.
