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