bnn royal hotel mtwara ltd vs azania bank ltd 2020 tzhc 4050 16 october 2020

THE UNITED REPUBLIC OF TANZANIA JUDICIARY IN THE HIGH COURT OF TANZANIA (DISTRICT REGISTRY OF MTWARA AT MTWARA CIVIL CASE NO. 03 OF 2019 BNN ROYAL PALM HOTEL MTWARA LTD................. PLAINTIFF VERSUS AZANIA BANK LTD.................................................. DEFENDANT COURT ORDER (Made under section 95 read together with Order XXIII Rule 3 of the Civil Procedure Code Cap 33 R.E.2019) Filed Deed ofSettlement on: 15/10/2020 Final Court Order on: 16/10/2020 NGWEMBE, J. This civil case was instituted by the Plaintiff in this court on 25th March, 2019 against the Defendant claiming among others, payment of special damages due to breach of duty of care in the sum of TZS. 2,183,570,246/=; general damages; and costs. In the cause of mediation, parties consented to settle the dispute amicably. With assistance of their legal counsels parties, agreed to reduce their terms and conditions of agreement in writing. This court permitted them to comply i with their intention to prepare and Execute a Deed of Settlement and file it in this court. In compliance parties on 15th October, 2020, with assistance of their legal counsels, they filed in this court an Executed Deed of Settlement, consequently when they appeared in court on 16th October, 2020 conceded to the Executed Deed of Settlement as their last covenant to end this suit in this court. That the Executed Deed of Settlement, comprised several Terms and Conditions, some are summarized hereunder forming part of this Court order that:- 1. The Executed Deed of Settlement has the effect of a Court Decree delived from a court judgment, and shall be enforceable in the same manner and to the full extent as a court decree. 2. The parties agree that upon filing in this court the Executed Deed of Settlement each party shall relinquish all claims filed before this court and every party shall bear his own costs. 3. The Terms and Conditions comprised in the Executed Deed of Settlement shall form part and parcel of this court order, each and every condition therein shall be complied with to the fullest consideration. Now, it is hereby declared that, the Executed Deed of Settlement effective from 15th October, 2020 binds both parties to this suit. Therefore, this 2 Court doeth hereby, invoke its powers under section 95 read together with Order XXIII Rule 3 of the Civil Procedure Code Cap 33 R.E. 2019, to mark Civil Case No. 03 of 2019 Amicably Settled. Further, proceed to adopt the Terms and Conditions enshrined in the Executed Deed of Settlement, including, but not limited to the Terms and Conditions quoted herein above, are holistically, adopted forming part of this Court Order. This Court Order together with the Deed of Settlement constitutes a Court Decree of this Court. Each party to the suit shall comply with, otherwise, shall amount into a contempt of court. I accordingly Order. DATED at Mtwara this 16th day of October, 2020. P.J. NGWEMBE JUDGE 16/10/2020 3