gulf aggregates t ltd vs larsen toubro ltd 2023 tzhccomd 232 13 july 2023

IN THE HIGH COURT OF TANZANIA (COMMERCIAL DIVISION) AT DAR ES SALAAM COMMERECIAL CASE NO. 31 OF 2023 BETWEEN GULF AGGREGATES (T) LIMITED.……………………PLAINTIFF VERSUS LARSEN & TOUBRO LIMITED……………..………..…..DEFENDANT CONSENT JUDGEMENT Date of last order: 03.7.2023 Date of Judgement: 13.7.2023 AGATHO, J.: This consent judgement emanates from deed of settlement dully signed by the Defendant and Plaintiff presented for filing in this court on 6th July, 2023. GULF AGGREGATES (T) LIMITED, the Plaintiff herein, is a company registered under the laws of the United Republic of Tanzania. And the defendant, LARSEN & TOUBRO LIMITED, is a Private Company with Limited liability registered under the laws of United Republic of Tanzania. It is on record that on 31st March 2023, the Plaintiff filed this suit praying for Judgment and Decree against the Defendant on the following orders ;- a) Declaration that the Defendant is in breach of the supply agreement; b) Judgment in favour of the Plaintiff against the Defendant for payment of TZS 108,358,002.44/= (Tanzania Shillings One Hundred and Eight Million Three Hundred Fifty- Eight Thousand and Two Shillings and Forty-Four Cents Only) being payment of aggregates and stones supplied to Defendant by Plaintiff; c) Interest at the commercial rate of 21% on the amount mentioned in (b) above from the date of filing this suit to the date of judgment; d) Interest on the decretal sum at the court’s rate of 12% from the date of judgment to the date of final and full satisfaction e) General damages for breach of contract to the tune of TZS 100,000,000/= (Tanzania Shillings One Hundred Million); f) Costs of this suit; and, g) Any other and further reliefs as this Court will deem fit to grant. Upon being served with the plaint, the defendant on 27th April 2023, filed her written statement of defiance admitting to be indebted to the tune of TZS 47,040,700.00 and disputing other claims by the Plaintiff and prayed for dismissal of the suit with costs. When the matter came for necessary orders, parties informed the court that, by consent he Plaintiff and Defendant herein have negotiated a settlement out of court and are desirous of settling the matter amicably and a settlement thereof be deemed as a decree of the Court capable of being executed. This court has gone through the deed of settlement dated 6th July, 2023 and in terms of under Order XXIII Rule 3 of the Civil Procedure Code [Cap 33 R: E 2019] and Rule 2 (2) of the High Court (Commercial Division) Procedure Rules, 2012 as amended in 2019. It is satisfied that the same was mutually consented. In the view of the above, the deed of settlement is hereby recorded and adopted to form part of consent judgment as prayed by the parties on the following orders: 1.1 That in the spirit of settlement, Parties agree that the total outstanding amount payable to the Plaintiff as to the date of this settlement is TZS 108,358,000/= (Say Tanzanian Shillings One Hundred Eight Million Three Hundred Fifty-Eight Thousand Only). 1.2 That the said amount of TZS 108,358,000/= (Say Tanzanian Shillings One Hundred Eight Million Three Hundred Fifty- Eight Thousand Only) shall be paid to the Plaintiff by Defendant in one instalment on or before 10th July 2023. 1.3 That the Defendant shall pay to the Plaintiff part of legal fees incurred in this matter to the tune of TZS 4,372,161/= (Say Four Million Three Hundred Seventy-Two Thousand One Hundred Sixty-One). 1.4 That the said amount of TZS 4,372,161/= (Say Four Million Three Hundred Seventy-Two Thousand One Hundred Sixty- One) in clause 1.3 above, shall be paid by Defendant to the Plaintiff in one instalment on or before 10th July 2023. 2. That if Defendant default any of the terms herein, the Plaintiff shall be entitled to execute the consent Decree. 3. This Agreement shall, upon been filed in Court, have the same effect as a decree duly made by the Court capable of being executed in the same manner as any other decree of the Court. 4. This Agreement shall be binding upon and inure solely to the benefit of the parties hereto and their respective successors in title and representatives and shall not be enforceable by or inure to the benefit of any third party. 5. No waiver of the breach of the terms of or any default under this Agreement shall be deemed a waiver of any subsequent breach or default or in any way affect the other terms of this Agreement. By this consent decision, therefore, this court hereby declare that parties hereabove have resolved their dispute and this suit is marked settled on the compromise of the parties, as evidenced by the terms agreed under the said deed of settlement. For the reasons aforesaid the deed of settlement signed by the parties and filed in this court constitute the judgment and decree of this court. It is so ordered. DATED at DAR ES SALAAM this 14th Day of July 2023. U. J. AGATHO JUDGE 14/07/2023 Court: Judgment delivered today, this 14th July 2023 by Hon. Minde, Deputy Registrar in the presence of the parties. U. J. AGATHO JUDGE 14/07/2022