CONTRIVE ENGINEERING COMPANY LTD Kafanabo

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA MUSOMA SUB-REGISTRY

AT MUSOMA LAND CASE NO. 000013057 OF 2024 CONTRIVE ENGINEERING COMPANY LIMITED................................ PLAINTIFF

VERSUS MUSOMA DISTRICT COUNCIL................................................ 1st DEFENDANT THE ATTORNEY GENERAL...................................................... 2nd DEFENDANT

CONSENT JUDGEMENT 14/03/2025 & 17/03/2025 Kafanabo, J.: This is a consent judgment ascending from a deed of settlement duly signed and filed by the parties in this Court on 13th March 2025. The said deed of settlement arises from a suit instituted by the Plaintiff on 4th June 2024 against the Defendants claiming for the following orders: i. The Plaintiff be fully paid amount of TZS. 25,273,334.40 timely. ii. The general damages of TZS. 10,000,000/= being compensation for the suffering, loss and costs for the whole time the 1st Defendant have delayed to make payment and breached the contract. iii. Payment of 15% interest rate of actual amount the 1st Defendant was supposed to pay the Plaintiff from the date of the breach of contract and from the date of order of this Court. iv. Costs of the suit. i On 24th September 2024 the Defendants filed their written statement of defence disputing the Plaintiff's claim and prayed for the dismissal of the suit, in its entirety, with costs. It followed that on 19th November 2024 Ms. Neema Mwaipyana (learned Senior State Attorney), Mr. Anesius Stewart and Ms. Anabu Shariph (learned State Attorneys) entered an appearance for the Defendants before this Court, and Mr. Evance Njau, a learned Advocate, entered an appearance for the Plaintiff. The learned counsels for the parties, after being engaged in an off-record brief discussion by the Court,

requested for time within which to attempt a settlement out of Court. The Court, acting on the spirit of encouraging mediation in resolving disputes was pleased to grant the time as prayed by the parties. Then two more adjournments followed on 10/02/2025 and 03/03/2025, and on 14/03/2025 Ms. Neema Mwaipyana, Senior State Attorney and Ms. Anabu Shariph State Attorney went on record addressing this Court that the parties herein have mutually agreed to settle their dispute out of court, the submission which, Mr. Evance Njau, Advocate for the Plaintiff, concurred with. It was further submitted that the parties have filed their deed of settlement in the e-Case Management System. The learned counsels for the parties thus prayed that the Court be pleased to record that the suit has been settled based on the terms and conditions set out in the deed of settlement duly signed by the parties. It was further prayed that the Court be pleased to enter consent judgment according to the terms of the deed of settlement pursuant to Order XXIII Rule 3 of the Civil Procedure Code, Cap 33 R.E. 2019. 2 In light of the submissions and prayers of the parties above, this Court reviewed the said deed of settlement filed by the parties herein, and upon satisfying itself that the deed of settlement meets the legal requirements of being recorded as a decision of this Court under Order XXIII of the

Civil Procedure Code, Cap. 33 R.E. 2019, this Court hereby adopts and records the deed of settlement filed by the parties herein on 13th March 2025, and it is, therefore, part of this consent judgment. Therefore, this suit is hereby marked settled amicably and voluntarily by the parties, and in particular, on the following orders: 1. The 1st Defendant shall pay the Plaintiff a total of Tanzania Shillings Twenty-Five Million (TZS 25,000,000.00) in five (05) equal monthly installments, totaling Tanzania Shillings Twenty-Five Million (TZS 25,000,000.00), being the outstanding sum after completion of the construction of the Wanyere Water Supply Scheme at Suguti and Kusenyi villages which was awarded to the Plaintiff through tender Number LGA/066/2016/2017/W/HQ/01 Lot 1.

2. The agreed outstanding sum which was claimed as specific damages shall be paid by the 1st Defendant in five equal monthly installments starting from 30th day of April 2025 and the same shall be paid direct to the Plaintiff's Bank Account No. 0150331868200 CRDB Bank.

3. The Plaintiff shall have no further claims against the Defendants including general damages and costs of the case.

4. Each party shall bear her own cost in relation to the present case (Civil Case No. 000013057 of 2024). 3 Therefore, as ordered herein above, the present suit is hereby marked settled as per the terms of the deed of settlement and executable as a decree of this court in light of the above orders. It is so ordered. The judgment was delivered in the presence of Mr. Evance Njau, Advocate for the Plaintiff and in the presence of Ms. Neema Mwaipyana, Senior State Attorney and Ms. Anabu Shariph, State Attorney for the Defendants. K. I. Kafanabo Judge 17/03/2025 4