HERMIT INTERNATIONAL COMPANY LIMITED

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA DODOMA SUB REGISTRY AT DODOMA CIVIL CASE NO. 24239 OF 2024 HERMIT INTERNATIONAL COMPANY LIMITED................................ PLAINTIFF VERSUS JAPHET MBOTO MAKAU..................................................................... DEFENDANT CONSENT JUDGMENT On 27th September 2024, the plaintiff herein instituted the present suit suing the defendant for breach of a sale agreement for a Pre and Primary School with Registration No. DOM002632 located in Plot No. 1042, Block BB Chilwana area Ihumwa in Dodoma District within Dodoma City and praying for the following reliefs:- 1. A declaratory order that the Plaintiff is the lawful owner of the whole suit land above; 2. An order that the acquisition of the Plaintiff's land by the Defendant is illegal, null and void ab initio; 3. A permanent injunction restraining the Defendant and her agents or any other person(s) institution(s)/association(s) acting under the Defendant's instructions from interfering in the suit land. 4. General damages to be assessed by the court. 5. Costs of the suit. i 6. Compensatory damages. 7. An order for rescission of the contract. 8. Any other relief(s) the court may deem fit and just to grant. Upon being served, the defendant filed a written statement of defence denying the claim. As the matter was pending trial, the parties engaged in pursuit of an amicable settlement of the suit out of court. Appearing in court today, 13th February 2025, the parties have unanimously through their counsels, Mr. Cosmas Mataba, for the plaintiff and Mr. Hamis Hamis holding brief for Ms. Lilian Gervas for the defendant, submitted that they have amicably resolved their dispute out of court and have executed a deed of settlement and filed it in this court. They, subsequently, unanimously, prayed under Order XXIII Rule 3 of the Civil Procedure Code, Cap 33 R.E. 2019 that the settlement deed so filed be recorded and a decree be entered as per the terms of the deed of settlement. Having examined the deed of settlement filed by the parties I have found it well executed by both parties. Thus, it is in the interest of justice that the prayer be granted. Accordingly, the deed of settlement executed by the parties on 8th February 2025 and duly filed in this court is recorded. A consent judgment is hereby entered and it is decreed as follows: 1. That, the outstanding balance of the sale agreement to the tune of Tanzania Shillings Six Hundred Sixty Nine Million, Ninety Four Thousand and Five Hundred (TZS 669,094,500/=) 2 approximately Tanzania Shillings Six Hundred Seventy Million, (TSHs. 670,000,000/=) shall be paid by the defendant in the following instalments: 1.1. The first instalment to the tune of Tanzania Shillings Forty Six Million Five Hundred Thousand (TZS 46,000,000/=) was paid on the date of the execution of the Deed of Settlement. 1.2. The second instalment to the tune of Tanzania Shillings Forty six Million Five Hundred Thousand (TZS 46,000,000/=) shall be paid on or before 15th March 2025. 1.3. The third instalment to the tune of Tanzania Shillings Twenty-Five Million (TZS 25,000,000/=) to be paid to Mr. Mlindoko on or before 30th March 2025. 1.4. The fourth instalment to the tune of Tanzania Shillings Eleven Million (TZS 11,000,000/=) to be paid to Amol Trans on or before 30th April 2025. 1.5. The fifth instalment to the tune of Tanzania Shillings One Hundred and Thirty-Two Million (TSHs. 132,000,000/=) to be paid on or before 30th April 2025. 1.6. The sixth instalment to the tune of Tanzania Shillings One Hundred and Twenty-Five Million (TZS 125,000,000/=) to be paid on or before 31st July 2025. 1.7. The seventh instalment to the tune of Tanzania Shillings One Hundred and Thirty Three Million (TSHs. 133,000,000/=) to be paid on or before 30th September 2025. 3 1.8. The eighth instalment to the tune of Tanzania Shillings Fifty Million (TSHs. 50,000,000/=) to be paid on or before 31st December 2025. 1.9. The ninth instalment to the tune of Tanzania Shillings Sixty Two Million (TZS. 62,000,000/=) to be paid to PSSF Dodoma between February 2025 and December 2025. l.lO. The tenth instalment to the tune of Tanzania Shillings Twenty Eight Million (TSHs. 28,000,000/=) or whichever amount shall be agreed between plaintiff, defendant and CRDB Bank shall be paid to CRDB Bank Dodoma Branch on any date before 31st December 2025. The saved balance if any shall be paid to the Plaintiff thereof. 1.11. The eleventh instalment to the tune of Tanzania Shillings Twelve Million (TZS 12,000,000/=) shall be paid to Dorice Mrema soon after signing of this Deed of Settlement. 2. The failure/default by the defendant to pay the agreed amount within time will entitle the plaintiff to execute the decree emanating from this deed of settlement. 3. The Defendant shall be left free of disturbance from any person. A claim by anyone over anything regarding the disputed land shall be referred to the Plaintiff. 4 4. If there is anything to be settled with anyone over the disputed land, including the sale of six plots suspected to have been done by the late Bundala shall be settled by the Plaintiff immediately after payment of the fifth instalment. Failure to do so shall entitle the Defendant to settle the claimed amount if necessary and upon approval from the plaintiff by using Plaintiff's future payment so as to enable the Defendant to enjoy his right as a lawful and bonafide purchaser thereof. 5. All payments that concern money to be paid to the Plaintiff shall be made via bank account with the following particulars; Account Number: 01J2795042400, Account Name: HENRY BARAKA MUKUNDI, Banker: CRDB BANK, Branch: Vijana Branch. But other payments to the third parties shall be paid to them by the Defendant in the presence of both parties to this Deed of Settlement or their representatives and the proof must be kept and shared with the parties to this Deed of Settlement. 6. Each party shall bear its own costs. DATED and DELIVERED at DODOMA this 13th day of February 2025. J. L. MASABO JUDGE 5