ALNAEEM ENTERPRISES LTD VS MEHTA CO

IN THE HIGH COURT OF UNITED REPUBLIC OF TANZANIA (COMMERCIAL DIVISION AT PAR ES SALAAM COMMERCIAL CASE NO.97 OF 2023 ALNAEEM ENTERPRISES LIMITED................................................. PLAINTIFF VERSUS MEHTA & COMPANY LIMITED......................................................... DEFENDANT CONSENT JUDGMENT Date of Last Order: 25/06/2024 Date of Consent Judgment: 25/06/2024 GONZI, J. The Plaintiff instituted this suit against the Defendant praying for Judgment and Decree for orders that: (i) For an order for immediate payment of Tanzania Shillings Two Hundred Eighty-Nine Million Three Hundred Thirty-Nine Thousand Nine Hundred Twenty-Six (TZS 289,339,926/=) being the total amount outstanding on unsettled invoices issued by the Plaintiff to the Defendant in respect of goods supplied to the Defendants by the Plaintiff on credits including cooking oil, Detergents powder, Biscuits, and Soap payable on credit; (ii)Payment of Damages to the tune of Tanzania Shillings One Hundred Million (TZS 100,000,000/=) i for loss of business, mental anguish and psychological torture sustained by our client in following up the said debt; (Hi) For an order for payment ofgenera! damages in respect of unbearable stress and disturbance to the Plaintiff, costs and loss of productive time and resources in following up and engaging in exchange of tedious correspondences in attempts to ensure the Defendant's performance of their contractual obligations; (iv) Costs of this suit be horned entirely by the Defendant herein; and (v) Ant other orders or reliefs as the Honourable Court may deem fit andjust to grant. The Defendant refuted all the claims and allegations by the Plaintiff vide its Written Statement of Defence. While the matter remained pending in Court, the Defendant on 6th June 2024 paid the Plaintiff TZS 75,419,926/= as a result of their negotiations with the Plaintiff as a settlement commitment hence reducing the outstanding sum to TZS 213,920,000/= in respect of which the parties entered into a deed of settlement and compromise of a suit dated 24th June 2024 which they filed in court under which the parties agreed to settle the suit in accordance with its terms and conditions. This Court pronounced a consent settlement order on 25th June 2024 from which the consent Judgment and Decree follow. This Court therefore enters Judgment by Consent based on the terms contained in the Deed of 2 Settlement duly executed by both parties on 24th June 2024 and filed in Court on 25th June 2024, in favour of the Plaintiff against the Defendant for orders that: 1. The Defendant acknowledges and admits the liability for payment of TZS 213,920,000/= (Tanzania Shillings Two Hundred Thirteen Million Nine Hundred Twenty Thousand only as of &h June 2024 owed to the Plaintiff by the Defendant arising from the outstanding Credit Facilities extended by the Plaintiff to Defendant. 2. The Defendant has agreed to pay TZS 213,920,000/= (Tanzania Shillings Two Hundred Thirteen Million Nine Hundred Twenty Thousand only) to the Plaintiff payable within a period of Twelve (12) months from the date of signing of the Deed ofSettlement by the parties. 3. The Defendant shall pay the said amount on Monthly basis by depositing to the Plaintiff equal instalments of Tanzania Shillings Seventeen Million Eight Hundred Twenty-Six Thousand Sixty Hundred Sixty Six (TZS 17,826,666/= payable at the 1st day of each month within the period of 12 months from the date ofsigning the Deed of Settlement. 4. The Defendant shall be fully discharged from liability only upon full payment of the entire 3 outstanding amount in accordance with the modality of payment agreed by the parties in their Deed of Settlement 5. The parties have agreed and are committed to continue doing business whereas the Defendant will buy goods from the Plaintiffin cash or where parties will separately enter into agreement that the Plaintiff is to supply goods on credit to the Defendant. 6. In case of default by the Defendant to make payment as provided in the deed of settlement, the Plaintiff shall be entitled to recover the full outstanding amount at that time through execution of the Decree of this Court emanating from the Consent Judgment. 7. Each party shall bear its own costs for legal fees and other incidental costs incurred in and arising from the suit. 8. The Plaintiff upon signing the deed of settlement shall abandon all her claims in the suit and both parties shall relinquish all claims of whatsoever description against each other arising out of the suit 9. The terms of the Deed ofSettlement shall bind the parties' executors, administrators, assigns or successors in title. 4 It is so ordered. A. H. GONZI JUDGE 25/06/2024 Judgment by consent is delivered in court this 25th day of June 2024 in the presence of Ms. Arafa Solo, Advocate for plaintiff and Mr. Felix Mutaki, Advocate for the defendant. JUDGE 25/06/2024 5