adelaide global limited vs kuza africa co ltd 2022 tzhccomd 242 25 august 2022

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (COMMERCIAL DIVISION) AT DAR-ES-SALAAM COMMERCIAL CASE NO. 100 OF 2021 ADELAIDE GLOBAL LIMITED....................................PLAINTIFF VERSUS KUZA AFRICA COMPANY LIMITED ........................DEFENDANT Last Order: 25/8/2022 Date of ruling 25/8/22 RULING NANGELA, J.: This suit was preferred by the Plaintiff against the Defendant whereby the Plaintiff prayed for Judgement and Decree against the Defendant in the following manner: 1. That, the Defendant be ordered to repay her outstanding dues in the sum of USD ($) 143,000/= equivalent to TZS 330,330,000/= as per the BOT Exchange Rates of 2nd July 2001, payable to the Plaintiff. 2. An Order against the Defendant to pay running costs of loss sustained by the Plaintiff from May 2018 to June 2021. Page 1 of 3 3. Payment of Interest at 12% Court rate on the decretal amount from the date of Judgement to the date of final payment. 4. Costs of the suit be borne by the Defendant ; and 5. Any other orders(s)/Relief(s) that this Honourable Court deems just and equitable to grant. Having gone through the mediation process the matter was placed before the trial judge for necessary orders. When it was called for such orders of the Court on the 25th day of August 2022, the Plaintiff enjoyed the services of Ms Winjaneth Lema, learned Advocate while Mr Boniface Mwabukusi, learned Advocate as well, appeared for the Defendant. Ms Lema informed this Court that, the parties have had an engagement outside the Court and are pleased to inform the Court that, they seek to settle the matter through a different mode agreed as between themselves. As such, the Plaintiff wishes to withdraw the suit from the Court with leave to re-file it. Mr Mwabukusi supported the submission by Ms Lema and added that, he does not object to the prayer. Page 2 of 3 Given the underlying developments as submitted and considering the prayers by Ms Lema, and, since there is no objection or prayers for costs, this Court settles for the following orders: 1. That, the prayer by the Plaintiff’s learned counsel is hereby granted and, this Commercial Case No.100 of 2021 is hereby marked withdrawn at the instance of the Plaintiff and with leave to re-file it should there be such a need, subject to other provisions of the law. 2. That, the withdrawal of this case is with no orders as to costs. It is so ordered. DATED AT DAR-ES-SALAAM ON THIS 25TH AUGUST 2022 ......................................... DEO JOHN NANGELA JUDGE Page 3 of 3