insight security services limited vs tanzania zambia railway authority 2022 tzhc 11023 29 july 2022

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

AT DAR ES SALAAM EXECUTION NO. 27 OF 2020 INSIGHT SECURITY SERVICES LIMITED.......... DECREE HOLDER/PLAINTIFF

VERSUS

TANZANIA ZAMBIA RAILWAY AUTHORITY..............................JUDGEMENT DEBTOR/DEFENDANT

RULING Last order: 22/7/2022 Ruling: 29/7/2022 MASABO, J.:- On 21st September 2018, this court entered a judgment in favour of the plaintiff and decreed the defendant to pay a sum of Tshs 187,134,990/=, a commercial interest of 20% from the date of filing oof the suit to the date of judgment, a further interest at the courts rate of 12% per annum on the decretal sum from the date of judgment to final settlement, general damages to a tune of Tshs 50,000,000/= and costs for the suit. The decree has so far remained unsatisfied. On 20th March 2020, the decree holder moved this court for execution of the decree by way of attachment of and arrest and detention of the decree debtor as civil prisoner. 1 As the application was still pending, the applicant filed a deed of settlement executed by all the parties in which they have agreed to adjust the decretal amount. Appearing in court on 22/7/2022, the decree holder’s counsel, Ms. Mariam Mabina, moved the court for adjustment of the decree under Order XXI Rule 1(1)(b), and 2(1), (2) and 3 of the Civil Procedure Code, [Cap 33 R.E. 2019]. She further certified that the adjustment in the settlement deed is correct and that on 11/8/2021, the judgment debtor paid the decree holder a sum of Tshs 68,000,000/= as general damages and has started remitting the monthly installment of Tshs 17, 583,400/=. Order XXI Rule 1(1) (b) and (2) of the Civil

Procedure Code under which the prayer for adjustment is made provides that, all money payable under a decree can be made out of court to the decree holder in which case, the decree holder shall certify such payment or adjustment of the decree to the court whose duty is to execute the decree and the court shall record the same accordingly. I have carefully examined the deeded of settlement filed in court by the parties and found it to be in a good order. In the foregoing and based on 2 the certification by the decree holder’s counsel that part of the agreed decretal amount has already been paid to the decree holder, this court hereby adjusts the judgments and decree as follows: 1. The decretal amount is hereby adjusted to the tune of Tanzania Shillings Four Hundred Ninety Million only (TZS 490,000,000).

2. The interest on the decretal sum at court’s rate of 12% from date of judgment to date of full payment has been waived.

3. A sum of Sixty-Eight million shillings (TZS 68,000,000/=) comprising of general damages and taxed bill of costs has been paid to decree holder as first instalment; 4. The remaining part of the adjusted decretal amount shall be paid to the decree holder in 24 months reckoned from the date of execution of the deed of settlement on 22nd July 2021 during which the decree debtor shall pay equal monthly instalments to a tune Tshs 17,583,400/= 5. The payment shall be made by way of cheque.

6. All payments shall be due on the 30th day of each calendar month and the first due day of payment shall be 30th day of the calendar month; 3 7. The duration of payment may be extended if any monthly installment due has not been paid by the decree debtor provided that on paying the next monthly instalment the unpaid month shall be payable together with the current month of payment 8. The duration of payment may be reduced should the decree debtor be in a position to settle the sum as shall be due at the respective time.

9. Upon payment of the final installment to the decree holder, both parties shall be relieved from any liability/claims arising from the decree. Dated at Dar es Salaam this 29th day of July 2022. 7 /2 9 /2 0 2 2 X S ig n e d b y: J.L.M A S A B O J.L. MASABO

JUDGE 4