devadas vs federici striling spa 2005 tzhc 7 14 february 2005

IN THE HIGH COURT OF TANZANIA (DAR ES SALAAM DISTRICT REGISTRy)

AT DAR ES SALAAM

DAN IEL DEVADAS PLAI NTI FF

VERSUS FIDER ICI STR lUNG S. P.A DEFEN DANT 14/2/2005 Coram: A. Shangwa, J. For Defendant: Mr. Byamungu, Advocate (Absent) Mr. Kileo for plaintiff:- My lord, Mr. Byamungu for the defendant is absent. I hold his brief. I am glad to inform your honourable Court that the Parties have come to a compromise which we want to be recorded by the court. ORDER: SHANGWA, J: Upon written agreement by the parties in which it is indicated that the defendant accepts to be indebted to the plaintiff in the sum of US dollars 32,711.73, I mark the plaintiff's claim in this suit to have been settled by agreement between the parties. Consequently, I order that the defendant should pay to the plaintiff US dollars 5,000 within seven days from to day. The balance amount of US dollars 27,711.73 should be paid in equal monthly instalments of US dollars 2,309.31 at the end of each month until final settlement of the whole debt. Also, the defendant should pay to the plaintiff TShs.3,OOO, 000 within seven days from to day being costs of the suit. In case the defendant fails to settle the first instalment as above ordered or in case he fails to pay any of the instalment shall be due and immediately payable. It is so decreed. 1~~ A. Shangwa,

JUDGE 14.2.2005.