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Tanzania Judgment

TZHCCOMD

international commercial bank t ltd vs mbezi fresh market limited 2 others 2022 tzhccomd 74 6 april 2022

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Source document

01

Holding and result

The parties have lawfully settled their dispute by filing a deed of settlement, which the court registers as the consent judgment and decree, thereby resolving the suit on the agreed terms.

Court disposition

suit settled by consent judgment

Orders

  • Deed of Settlement filed on 29th March 2022 is registered as the judgment and decree of the court
  • Suit marked as settled on compromise of the parties as per the Deed of Settlement

02

Material facts

Parties

International Commercial Bank (T) Ltd

Plaintiff Counsel: Juventus Katikiro

Mbezi Fresh Market Limited

1st Defendant Counsel: Charles Yotamu

Khalifa Salum Ally

2nd Defendant Counsel: Charles Yotamu

Fridaus Ismail Khamis

3rd Defendant

Amounts and remedies

  • Outstanding Overdraft Amount: TZS 1,008,065,243.09
  • Commercial Interest Rate: 24
  • Court Interest Rate: 12

03

Procedural history

  1. Posture

    Commercial Case / Consent Judgment After Deed of Settlement

04

Questions and positions

Legal issues

Party arguments

Applicant
Plaintiff sought payment of TZS 1,008,065,243.09 as outstanding overdraft, commercial interest at 24% from filing to judgment, court interest at 12% from judgment to payment, general damages, costs, and other reliefs.
Respondent
The 1st and 2nd defendants, through counsel, participated in settlement negotiations resulting in a deed of settlement; the 3rd defendant proceeded ex-parte.

05

Court’s reasoning

  1. 01

    Order XXIII Rule 3 of the Civil Procedure Code, Cap.33, R.E 2019

    A suit may be settled wholly or in part by a lawful agreement or compromise, and such agreement shall be recorded by the court as a consent judgment.

06

Ratio, limits and disposition

Ratio decidendi

The parties have lawfully settled their dispute by filing a deed of settlement, which the court registers as the consent judgment and decree, thereby resolving the suit on the agreed terms.

Court disposition

suit settled by consent judgment

  • Deed of Settlement filed on 29th March 2022 is registered as the judgment and decree of the court
  • Suit marked as settled on compromise of the parties as per the Deed of Settlement

Source and reliance status

TZHCCOMD · 6 April 2022

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Judgment text

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Source document

TZHCCOMD

Judgment· 6 April 2022

international commercial bank t ltd vs mbezi fresh market limited 2 others 2022 tzhccomd 74 6 april 2022

IN THE HIGH COURT OF THE UNITED REPUBLIC

OF TANZANIA (COMMERCIAL DIVISION)

AT DAR ES SALAAM COMMERCIAL CASE NO. 35 OF 2021

INTERNATIONAL COMMERCIAL BANK (T) LTD............................................. PLAINTIFF

VERSUS MBEZI FRESH MARKET LIMITED....... 1st DEFENDANT KHALIFA SALUM ALLY.......................2nd DEFENDANT FRIDAUS ISMAIL KHAMIS............... ...3rd DEFENDANT Last order: 03rd MARCH, 2022 * Judgment: 06th APRIL, 2022

CONSENT JUDGEMENT NANGELA, J., The Plaintiff in this case sued the Defendants seeking for the following reliefs: 1. Payments of Tanzania Shillings One Billion Eight Million Sixty Five Thousands Two Hundred and Forty Three cents nine Only (TZS 1,008,065,243.09) being the outstanding amount from the Page 1 of 4 overdraft facility as of 31st March 2020.

2. Payment of commercial interest at the rate of 24% on the decretal sum from the date of filing the suit to the date of judgment.

3. Payment of interest at the Curt's rate of 12% p.a., from the date of judgment to the date of full and final payment. ; % • ■■ % 4. General Damages as to be ■aasife. % assessed V ’v x by the Court, j 5. Costs of this suit; and * 6. Any other relief or order as the \ X X Court may deem fit to grant the Plaintiff. On 3rd March 2022, the parties appeared before me for a final Pre-trial conference. Mr Juventus Katikiro, learned advocate, appeared for the Plaintiff while Mr Charles Yotamu, learned counsel, appeared Page 2 of 4 for the 1st and 2nd Defendant. The case against the 3rd Defendant proceeded ex-parte. On the material date, this case was set for hearing which was earlier to commence on the 20th of April 2022 but was scheduled for session hearing on the 6th of April 2022. However, on the 29th March 2022, the parties filed a Deed of Settlement under Order A. \ x XXIII Rule 3 of the Civil Procedure Code, Cap.33, R.E 2019. W. on 0. 06* , April 2022, Mr Katikiro and Mr Yotam informed the ! "■% ' X Court about the Deed of Settlement filed in this Court on 29th March 2022, and prayed that it be recorded by this Court. As a matter of legal requirement, I had to go through the Deed of Settlement filed in this Court by the parties. Indeed, having gone through it, I am satisfied that the parties have settled their differences and, on Page 3 of 4 the basis of the Deed of Settlement

filed in this Court, this Court does, hereby, proceed to register the Deed of Settlement as forming part of this Consent Judgment and Decree of the Court. By this consent decision, therefore, this Court hereby declares that the parties herein have resolved their dispute and, this suit is marked "settled on the X \ X. X compromise of the parties^as evidenced by the terms agreed under the said ''Deed of Settlement". For the reasons aforesaid, the "Deed of ^x\\ x ■ Settlement^ signed by the parties and filed in this Court constitutes the Judgment and Decree of this Court. X^ It is so ordered. DATED AT DAR-ES-SALAAM ON THIS 06th DAY OF APRIL, 2022 Page 4 of 4

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Order XXIII Rule 3 of the Civil Procedure Code, Cap.33, R.E 2019

Legislation

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