Hanang

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB- REGISTRY OF MANYARA AT BABATI CIVIL CASE No. 20804 OF 2024 HANANG' DISTRICT COUN ICL.............................................1st PLAINTIFF ATTORNEY GENERAL...........................................................2nd PLAINTIFF VERSUS FARMPRIDE INVESTIMENT LIMITED.......................................DEFENDANT JUDGMENT 17th September, 2024 KAMUZORA, J This is a summary suit brought under the provisions of Order XXXV of the Civil Procedure Code [Cap 33 R.E 2019]. The plaintiffs sued the defendant for breach of lease agreement and claimed for unpaid rent of TZS. 7,200,000/=, interest general damages and costs of the suit. Briefly, it is pleaded in the plaint that, the 1st plaintiff and the defendant signed a lease agreement for the 1st plaintiff to lease the maize milling machine to the defendant for the contract period of nine months from 1st October, 2021 to 30th June, 2022 at the agreed amount of TZS. 10,800,000/=. The 1st plaintiff honoured its party by allowing the defendant to start operation but the defendant did not honour its party by paying the agreed rent. After several demands the defendant was unable to pay the rent and the plaintiffs filed suit to this court claiming for six months' rent for which the defendant had operated using the machine amounting to TZS. 7,200,000/=. The lease contract and notices reminding the defendant to perform its obligation were annexed as part of the pleadings. From the above pleadings, the claim falls under Order XXV Rule 2 (2)(c) which read: - "Z - (2) In any case in which the piaint and summons are in such forms, respectively, the defendant shall not appear or defend the suit unless he obtains leave from the judge or magistrate as hereinafter provided so to appear and defend; and, in default o f his obtaining such leave or o f his appearance and defence in pursuance thereof, the allegations in the plaint shall be deemed to be admitted, and the plaintiffshall be entitled- (c) where the suit is for the recovery o fpossession o fany immovable property, building or premises or for payment of rent, mesne profits or damages for unlawful occupation o f such immovable property, building or premises, to a decree for possession and for payment of rent, mesne profits or damages as claimed." From the above provision, it is clear that the defendant will not have right to appear and defend the suit unless he had obtained leave to appear and defend. That is done by filing a formal application applying before the same court to which the substantive suit is filed. In the matter at hand, there is no application filed by the defendant. Fortunately, when the matter was called in court, the counsel for the defendant appeared admitting to be served with the copy of the plaint as required by law. He 2 further informed the court that his client does not intend to file defence for they do not intend to contest the plaintiffs' claims. After a thorough consideration of the suit before this court, this court finds that the defendant had admitted to the claims for it opted not to apply for leave to file a defence as required by the above provision. I therefore find that the plaintiffs are entitled to reliefs sought in the plaint. It is declared that the defendant breached lease agreement and as a result of such breach, the plaintiffs are entitled against the defendant for the following; 1. The principal amount of rent at the tune of TZS. 7,200,000/=, 2. 12% interest per annum of the amount awarded in No. 1 above from the date of judgment to the date of payment in full, 3. The plaintiffs are is entitled to TZS. 5,000,000 as general damages for the breach of contract, 4. Costs of the case be borne by the defendant. It is so decided. DATED at BABATI this 17th Day of September, 2024 JUDGE