Dooreach Vs

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

AT MWANZA MISC. CIVIL CAUSE NO. 6 OF 2023

IN THE MATTER OF ARBITRATION AND IN THE MATTER OF ARBITRATION ACT, [CAP. 15 R.E 2020]

BETWEEN THE ATTORNEY GENERAL ………………………………………… 1ST PETITIONER TANZANIA AIRPORTS AUTHORITY (TAA) ………………..…. 2ND PETITIONER AND DOOREACH GROUP LIMITED ……….……….…………………...… RESPONDENT

CONSENT JUDGMENT 28th & 28th November, 2024 CHUMA, J. The petitioners filed this suit against the respondent seeking relief as follows: - i. That this honorable court be pleased to grant leave to register and enforce the award by arbitrator Mella Obeid Mwema dated 1st day of September, 2023 in the matter between the Attorney General and Tanzania Airports Authority Vs. Doreach Group Limited. ii. Costs of the application be borne by the respondent. iii. Any other order(s) that this honourable court may deem just and fit to grant 1 Whereas, the respondent filed a reply to the petition disputing the alleged facts in the petition and prayed for the dismissal of the suit with costs. Whereas upon hearing counsel for the parties that on 12th of November, 2024, they prayed for another date as they were about to settle this matter out of court, they have successfully settled the matter on terms contained in the deed of settlement (Agreement) which was filed before this court on 28th day of November, 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 28.11.2024 and satisfied that the parties herein have arrived amicably into a lawful agreement that disposed of the whole application. Therefore, this court adopts the said deed of settlement and the same is recorded as a 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 the following: - “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 2 recorded, and shall pass a decree in accordance therewith so far as it relates to the suit”. Consequently, this court orders thus: - 1.1. THAT, DGL agrees to pay TAA the sum of USD 4,068 (United States Dollars four thousand and sixty-eight) as a full and final settlement of the Arbitration claims concerning the dispute the “Negotiated Settlement Amount”) in the following manner; i. The first installment of USD. 1356 to be paid on or before 31st December 2024; ii. The second installment of USD. 1356 to be paid on or before 30th March 2025, and iii. The third and last installment of USD. 1356 to be paid on or before 30th May 2025. 1.2. THAT, the parties agree that the above-stated negotiated settlement amount shall not attract any interest if paid in an agreed schedule. 1.3. THAT, it was further agreed that, upon payment of the claimed amount herein, TAA shall have no further claims against DGL and that he will be obliged to RECORD settlement in court vide the enforcement proceeding before the High Court. 3 2. PAYMENT TERMS 2.1. All payments shall be made to the TAA through the following control Number issued by TAA, Control Number: 995030137605. Payer Name: Dooreach Group Limited.

3. DEFAULTS LIABILITY CLAUSE 3.1. THAT, nothing in this Deed shall prevent any Party (ies) from bringing any claim for any breach of this Deed or from otherwise enforcing its rights under this Deed or defending a claim made under this Deed. The parties agree that, in the event that either party is in default of its obligations under this Deed, the non-defaulting party shall provide to the defaulting party ten (10) days written notice asking the defaulting party to remedy the default out of which, the non- defaulting party shall proceed to effect enforcement of the issued award as if it were registered as judgment and decree of the Court upon registration of the deed. 4 4. COSTS AND EXPENSES 4.1. THAT, the parties agree that each party shall bear its own costs in term of legal fees, filling fees and related costs.

5. RELEASE AND DISCHARGE OF LIABILITY 5.1. THAT, the Parties acknowledge that the Terms in this Deed constitute full and final settlement (including all past, present, and future claims) arising out of the Arbitration dispute. 5.2. THAT, upon payment of the full Negotiated Settlement Amount, TAA hereby releases and discharges DGL its past, present and future employees, directors, officers, shareholders, agents, and each of the affiliates, subsidiaries, parent organizations and their respective past, present and future office and/or any person acting on their behalf from any matters, claims, complaints, demands, liabilities and suits of every kind and nature whatsoever, arising out of and/or in connection with the arbitration proceedings, if any. 5.3. That, the Parties by consent pray that this Honourable Court be pleased to record this settlement as an Order of the court/final decree of the court. Should either of the parties hereto default in 5 the performance of any terms herein; it shall be enforced in the same manner and to the full extent as an order of the Court.

6. DRAFTING OF DEED OF SETTLEMENT 6.1. THAT, the Parties agree that they shall be deemed co-drafters in the event of any interpretation or construction of the terms of this Deed and, therefore, that no contra proferentem presumption shall apply. 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 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. 6 DATED at MWANZA this 28th day of November, 2024. W.M. CHUMA

JUDGE 7 Consent judgment entered in the presence of Mr. Felician Daniel and Thomas State Attorneys for the petitioners and Mr. Joseph Kinango advocate for the respondent this 28th day of November, 2024. W. M. CHUMA

JUDGE 8