coseke tanzania limited vs the board of trustees of the public service social security fund another 2022 tzhccomd 272 13 september 2022

IN THE HIGH COURT OF TANZANIA (COMMERCIAL DIVISION) AT DAR ES SALAAM. COMMERCIAL CASE NO.143 OF 2019. COSEKE TANZANIA LIMITED.……………………….………PLAINTIFF

VERSUS

THE BOARD OF TRUSTEES OF THE PUBLIC SERVICE SOCIAL SECURITY FUND …………….……………........... 1st DEFENDANT. THE ATTORNEY GENERAL……………………………………2ND DEFENDANT. JUDGMENT. Date of Last Order: 13/09/2022. Date of Judgment : 13/9/2022. MARUMA J. The deed of settlement has been entered on 12th September 2022 between Coseke Tanzania Limited and the Board of Trustees of The Public Services Social Security Fund together with The Attorney General. The said settlement is resulted from Commercial Case No. 143 of 2019 filed in Court in December 2019 following controversial issues arose in the course of executing a contract entered between the Plaintiff Coseke Tanzania Limited and the Defendants, the Board 1 of Trustees of The Public Services Social Security Fund and The Attorney General. The contract was for the supply, installation, testing and commissioning of electronic document and record management system at LAPF Head Office in Dodoma in a tender number PA095/HQ/2016/2017/G/10 LOTII at a contract sum of TZS 462,381,333.84 (Tanzania Shillings Four Hundred Sixty-Two Million Three Hundred Eighty-One Thousand Three Hundred Thirty- Three Eight Four Cent Only. As a result of the dispute arose the Plaintiff, being aggrieved, filed Commercial Case No. 143 of 2019 claiming for: - (a) Immediate payment of the amount of TZS 462,381,333.84 (Tanzania Shillings Four Hundred Sixty- Two Million Three Htmdred

Eighty- One Thousand Three Hundred Thirty-Three Eight Four Cent Only). (b) Payment of item (a) at commercial interest at the rate of 22% per annum (c) Payment of item (a) at the Court's Interest rate of 12% from the date of judgment until the decree was fully satisfied; 2 (d) General damages to be assessed by the Court; (e) Costs of and incidental to the suit; (f) Any other relief(s) that the Honourable court may deem fit to grant. On 13th September 2022 the case was set for final pre-trial conference where the parties had the service of Mr. Pascal Kihamba, Advocate for the Plaintiff and Mr. Saleh Manoro, Steven Biko and Eric Haule, State Attorneys. Mr. Pascla Kihamba addressing the Court, he informed the Court that the parties were able to settle the matter amicably outside the Court and they had already filed the deed of settlement. He prayed for the same to be recorded and form part of the consent judgment and decree of this Court. His submission was seconded by Mr. Saleh Manoro, State Attorney who pressed the matter to be marked settled. Guided by Order XXIII rule 3 of the Civil Procedure Code, [Cap 33 RE 2019] which states that: - “…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 3 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…” I have gone through the deed of settlement and being satisfied with the agreed terms of the signed deed of settlement filed in this Court on 12th September 2022 with the following terms, I qoute; “….1. That, COSEKE TANZANIA LIMITED (the Plaintiff) freely and on his own volition and through this Deed of Settlement irrevocably agrees to be paid only TZS. 236,000,000/= (Two Hundred Thirty-Six Million) VAT inclusive in discharge of the full and final claimed sum in Commercial Case No. 143 of 2019 which is before Hon. Maruma, J.

2. That, upon payment of the agreed amount of TZS. 236,000,000/= (Two Hundred Thirty-Six Million) VAT inclusive the Plaintiff relinquishes all claims arising from 4 Commercial Case No. 143 of 2019 and subsequent claims connected thereto.

3. That, upon payments of the agreed amount, the Defendants shall be forthwith relieved from any liability arising from or connected to Commercial Case No. 143 of 2019 and execution/implementation of tender number PA095/HQ/2016/2017/G/10 LOTII.

4. That, the Parties agree that, each party shall bear his own cost of all cases litigated with view of securing any order connected to Commercial Case No. 143 of 2019.

5. That, the parties agree that the terms and conditions of this DEED OF SEITLEMENT are binding upon being signed by both parties and registered by the Court.

6. That, this Deed of settlement shall be Registered in Court before Execution.

7. That, it is agreed by the Parties that this DEED OF SETTLEMENT shall be strictly Confidential between the parties herein. 5 8. That, the agreed amount shall be paid to the Plaintiff through the Plaintiff's Bank Account within one month from the date of registering this Deed of Settlement. Bank Name:KENYA COMMERCIAL BANK (T) LIMITED Branch: SAMORA BRANCH Account Name: 3300143578 Account Number: COSEKE TANZANIA LIMITED Swift Code: KBCLTZTZ…” In the event the deed of settlement is recorded and constitutes part and parcel of this consent judgment and decree of this Court. The suit is marked settled. It is so ordered. Dated at Dar Es Salaam on this 13th day of September, 2022 Z.A.Maruma.

JUDGE 6 Consent Judgment is read over today 13th September, 2022 in the presence of Mr. Pascal Kihamba, Advocate for the Plaintiff and Mr. Saleh Manoro, Steven Biko and Eric Haule, State Attorneys. Z.A.Maruma.

JUDGE 7