Bangili Consent Jg

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB- REGISTRY OF MWANZA AT MWANZA LAND CASE NO. 26503 OF 2024 BANGILI & COMPANY GENERAL SERVICES LTD ………………..…. PLAINTIFF VERSUS STANBIC BANK TANZANIA LTD ……….……….……………...… 1ST DEFENDANT NAMPULA AUCTION MART & COMPANY LTD ………….….…. 2ND DEFENDANT HOTEL RAMADA LIMITED ………………………………………… 3RD DEFENDANT CONSENT JUDGMENT 13th December, 2024. CHUMA, J. Whereas the plaintiff filed this suit against the defendants praying for judgment and decree as follows: - i. That the honourable court be pleased to nullify the whole process and the public auction intended to be conducted on 31st day of October, 2024. ii. That the honourable court be pleased to issue an Order of maintenance of status quo between the parties. iii. That this honourable court be pleased to declare the whole procedure carried out intending to auction the plaintiff mortgaged property is a nullity. iv. That this honourable court be pleased to give an order to the 1st defendant to issue a 60 days default notice. 1 v. That this honourable court be pleased to order the 1st defendant to conduct a valuation of the premises in dispute and declare that the current valuation report is undervalued. vi. Costs of this suit to be provided for. vii. Any other or further relief(s) as this honourable court may deem appropriate. Whereas, 1st and 2nd defendants filed a joint written statement of defence with a notice of preliminary hearing objecting and disputing the alleged facts in the plaint and prayed for dismissal of the suit with costs. And whereas upon hearing counsels for the parties that on 3rd of December, 2024, they prayed for another date of hearing, however today this 13th of December, 2024 the counsels prayed to settle the matter amicably, and they have successfully settled the matter on terms contained in the deed of settlement (Agreement) which was filed before this court on today itself, 13th day of December, 2024. They prayed for the same to be recorded and form part of the decree of this court. This court went through the said deed of settlement filed on 13.12.2024, and satisfied that the parties herein have arrived amicably into a lawful agreement which disposed the whole suit. Therefore, this court adopts the said deed of settlement and the same is recorded as a 2 decree of this court in this case. And upon the said settlement being registered in this court under order XXIII rule 3 of the Civil Procedure Code [Cap. 33 R. E 2019], which states a follow: - “Where it is proved to the satisfaction of the court that a suit has been adjusted wholly or in part by any lawful agreement or compromise, or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject matter of the suit, the court shall order such agreement, compromise or satisfaction to be recorded, and shall pass a decree in accordance therewith so far as it relates to the suit”. Consequently, this court orders thus: - WHEREAS the plaintiff admits that it received from the 1st defendant a Loan Facility of TZS. 410,577,457.00 and is still indebted to the 1st defendant the amount of Tanzania Shillings Three Hundred a Fifty Million only (TZS. 350,000,000/-) being principal loan and accrued interests as at 6th December, 2024. WHEREAS the 3rd defendant admits that as a security for the loan stated in above, it mortgaged the Certificate of Title over Plot No. 99 Block “T” Rwagasore Street Mwanza City held through CT No. 03341/98. 3 WHEREAS the 3rd defendant admits further that on 5th November, 2024, it was served with a sixty (60) days default notices when the plaintiff defaulted to service the loan which was given by the 1st defendant. AND WHEREAS upon the plaintiff and 3rd defendant jointly request, the 1st defendant has approved a full and final settlement amount of Tanzania Shillings Two Hundred Forty-Two Million Seven Hundred Thirty-Nine Thousand Fifty-Nine and Fifty cents only (TZS. 242,739,059.50) and an extension of repayment under the terms agreed and stipulated hereunder. PAYMENT TERMS, THE PARTIES HEREBY AGREE 1. That the plaintiff shall pay to the 1st defendant the sum of Tanzania Shillings Two Hundred Forty-Two Million Seven Hundred Thirty-Nine Thousand Fifty-Nine and Fifty cents only (TZS. 242,739,059.50) being settlement amount of the plaintiff indebtedness to the 1st defendant. 2. That the said payment of TZS. 242,739,059.50 shall be made on or before 31st December, 2024 and shall be deposited in the 1st defendant’s Bank Account No. 121000TZS5108001 Account 4 name Sundry Deposit Suspense Account operated at Stanbic Bank Tanzania Limited, Centre Branch. 3. That the plaintiff shall pay to the 1st defendant Tanzania Shillings Fifteen Million only (TZS. 15,000,000/-) legal fees without interest on or before 31st December, 2024. 4. That, the plaintiff has already paid Nampula Auction Mart Company Ltd (2nd defendant) auctioneer’s fees amounting at Tanzania Shillings Four Million only (TZS. 4,000,000/) and proof of payment is hereby attached to this Deed as Annexure SD1 to form part of this settlement. 5. That the mortgaged property located on Plot No. 99 Block “T” Rwagasore Street Mwanza City held through CT No. 03341/98 shall continue to be security as previously issued by 3rd defendant to the 1st defendant. 6. That upon the full payment of the loan, interest and costs as indicated in this deed of settlement, all parties in this settlement shall not have any claim against each other and the mortgage over Plot No. 99 Block “T” Rwagasore Street Mwanza City held through CT No. 03341/98 shall be discharged. 7. That in the event of any default by plaintiff to effect payment when it falls due in accordance to the agreed manner and time as 5 indicated in among others, paragraphs 1, 2 and 3 above, the 1st defendant shall have the right to enforce securities including sell of the mortgaged properties to recover the full amount owned to the plaintiff above, less amount that would have been paid without further notice or recourse to the court. 8. Each of the parties has participated in the drafting and negotiation of this settlement agreement. Accordingly, for all purposes, this settlement agreement shall be deemed to have been drafted jointly by the parties. Further that, this Deed of Settlement will be recorded by the court and is non-appealable or subject to revision or review. 9. That upon the recording of this settlement, the plaintiff and the 3rd defendant and/or their agents shall not file more cases in connection to the facilities the subject of the present case and its securities arrangements and the plaintiff shall withdraw all pending cases including Miscellaneous Land Application No. 26503 of 2024. In that vein, the present case is marked settled to the extent of the deed of settlement reached by the parties as per terms and conditions therein, as it was stated by the CAT in the case of Motor Vessel Sepideh 6 and Another Vs. Yusuph Mohamed Yusuph and Two Others, Civil Application No. 237 of 2013 “Where there is a lawful agreement or compromise, the court is bound to record settlement once it is arrived by the parties”. Also, see the case of Karata Ernest & Others Vs. Attorney General, Civil Revision No. 10 of 2010. In case of any default in respect of any right conferred to any party herein, the aggrieved party shall have a right to execute such right(s) against the defaulter. Each party will bear its own costs. It is so ordered. DATED at MWANZA this 13th day of December, 2024. W.M. CHUMA JUDGE 7 Consent judgment entered in the presence of Mr. William Muyumbu for the plaintiff and Mr. Yuda John advocate for the 1st and 2nd defendants in the absence of the 3rd defendant this 13th day of December, 2024. W.M. CHUMA JUDGE 8