Export Avenue (T) is located on the 3rd Floor of ATC Building, Ohio Street, Garden Avenue, P.O Box 6851, Dar Es Salaam, Tanzania.

Raiffeisen Bank International AG is located at Am Stadtpark 9, 1030 Vienna, Austria.

Standard Chartered Bank Tanzania Limited is located on the 1st Floor, International Business Shaaban Robert St, Garden Avenue, P.O Box 9011, Dar Es Salaam, Tanzania.

The court’s first-instance judgment (No. 01/2018/KDTM-ST) dated January 30, 2018, is stated as followed:

1.     The court accepts the petition of Bui Thi Minh Loan, head of Thanh Thom Limited liability company, against Tanzania-based Export Avenue (T) Company.

2.    Contract EA/CASHEW/SPA/12/11/2015 for the purchase of 200 tons of raw cashews is rescinded. The contract was signed on November 15, 2015, between Bui Thi Minh Loan of Thanh Thom company and Export Avenue (T).

3.     Bui Thi Minh Loan is entitled to own 5.25 tons of raw cashews which have temporarily been delivered to Thanh Thom company under an inspection record dated October 26, 2016. The court requests Bui Thi Minh Loan pay Export Avenue (T) 8,557.5 USD, equivalent to 5.25 tons of cashews under contract EA/CASHEW/SPA/12/11/2015. This amount is deducted  from Export Avenue (T)’s compensation (317,038.74 USD) for the plaintiff.

4.     Export Avenue (T) is required to pay Bui Thi Minh Loan an amount of compensation of 755,242,000 VND, including:

-         An annual commercial interest rate of 6.5% for 18 months, which equals 308,481.24 USD x 22,680 VND x 0.541% x 18 = 681,305,000 VND.

-         A total banking services fee of 2,961.26 USD, which equals 67,161,000 VND.

-         An on-site inspection fee of 6,776,000 VND, based on SGS company’s certificate issued on October 26, 2016.

5.     The court requests the Joint Stock Commercial Bank for Foreign Trade of Vietnam, Binh Thuan Branch (Vietcombank Binh Thuan), pay Bui Thi Minh Loan 317,038.74 USD. This amount is being kept in Vietcombank Binh Thuan under Decision on provisional emergency measures No. 02/2016/QD-BPKCTT dated March 02, 2016 and based on Raiffeisen Bank International AG’s notice of transfer.

-         Since the judgment creditor’s request for the judgment enforcement, the judgement debtor is required to finish it. If not, the judgment debtor is requested to pay the amount of award under the interest rate announced by the State Bank of Vietnam at the payment time.

6.     The court rescinds the Binh Thuan provincial People's Court’s Decision on provisional emergency measures No. 02/2016/QD-BPKCTT dated March 02, 2016, which requests Vietcomban, Raiffeisen Bank International AG, and Standard Chartered Bank to suspend its payment of 319,480.00 USD to Export Avenue (T), based on Letter of Credit No. 002337101500627 dated November 27, 2015.

7.     The court requests to deliver to Maersk Vietnam Ltd. 12 containers with the following license numbers:

No.	License numbers
01	MSKU3083004	ML-TZ0283681
02	MRKU6801736	ML-TZ0283684
03	PONU0849267	ML-TZ0283688
04	MVIU2002780	ML-TZ0283554
05	MSKU3291395	ML-TZ0283553
06	MSKU4135611	ML-TZ0283686
07	MRKU7706610	ML-TZ0283683
08	MRKU9600226	ML-TZ0283682
09	MSKU4345367	ML-TZ0283685
10	PONU0261437	ML-TZ0283689
11	MSKU5812173	ML-TZ0283690
12	MSKU2299940	ML-TZ0283687

These containers  have been temporarily delivered to Nguyen Thi Phuong Thao of Maersk Vietnam Ltd. under the inspection record dated October 26, 2016.

8.     Export Avenue (T) is requested to pay the first instance court fee of 34,210,000 VND.

9.     The court will refund Bui Thi Minh Loan the court fee advance of 90,000,000 VND which she made at the Binh Thuan provincial Department of Civil Judgment Enforcement, receipt No. 0006882 dated March 03, 2016.

10.   Tanzania-based Export Avenue (T) Company, Raiffeisen Bank International AG, and Standard Chartered Bank Tanzania Limited have the right to file an appeal against the Court’s ruling to Ho Chi Minh City’s Higher People's Court within 12 months after the Binh Thuan provincial People’s Court’s ruling is announced.