locus debt management limited vs symbion power tanzania limited 2022 tzhccomd 65 18 march 2022

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (COMMERCIAL DIVISION) AT DAR ES SALAAM MISC. COMMERCIAL APPL. NO. 182 OF 2021 LOCUS DEBT MANAGEMENT LIMITED............. APPLICANT VERSUS SYMBION POWER TANZANIA LIMITEW^RESRONSENT Last order: 14/03/2022 xX Ruling: 18/03/2022 RULING NANGELA, J., This applicatidiKwa^preferred by the Applicant, Sectiqn-95oNthe Civil Procedure Code, Cap.33 R.E 2019. \< Hln the<Charnber Summons, the Applicant prayed for the following Orders of this Court: \k / I 1. That, this Hon. Court be pleased to enter judgment on admission against the Applicant's claim and order the Respondent to pay the Applicant the sum of United States Dollars Thirty Million (US$30/000r000) as admitted by the Respondent in her answer Page 1 of 4 to the Petition and affidavit in opposition of the winding up in Misc. Commercial Cause No.63 of 2021 and counter affidavit in Misc. Commercial Application N.173 of 2021. 2. That, a qualified official receiver manager be appointed to receive the above sum and p'ay all creditors claiming ^uQder 'the Applicant. 3. 4. Any other relief®^this^Bojidurable CourtcleemS'fit andJuSbtQjgrant. When this a for orders on 26th November\202^KMr Floridias Mutungi, learned advocate <af>peared xfor the Applicant while Mr Eric \S. J RweyOTa.rnu/'Xlearnedx>advocate appeared for the Ofcjthat material date, Mr Mutungi prayed to have the application stayed pending enforcement of the orders of this Court in respect of another sister application, the Misc. Commercial Application No.173 of 2021. Since no objection was registered, I granted the prayers. However, when the Application was still pending, the Respondent moved the Court by way of Review Application No.3 of 2021 seeking to review the orders Page 2 of 4 issued by this Court in respect of Misc. Commercial Application No. 173 of 2021. On 4th January 2022, Mr Mutungi together with Mr James Marenga and Asia Tokutoola, learned advocates appeared in Court for the Applicant while Mr Zaharani Sinare, learned advocate appeared for the Respondent. Theirs was a plea that, the matter be called on for orders of the Court on the 8th of February 2022.'"On that date, the matter was further stayed pendingx^termihatjonpf the Review Application No.3 of 2^21 On the 14th of March '2’022, thKCourt called on this matter for necessary orders,following other developments which involved the;,parties' act of^igning and filing in Court a settlement 'cleed^iiich^disposed of their main X\%K )) dispute in^l^G. Commercial Cause No.63 of 2021 (windiqgJfeeAn)?^ Xln vlekof^guchrtlevelopments, Mr Mr Mutungi and Mr Marenga who appeared for the Applicant prayed that \\ J} this Court bexpleased to mark this application as being withdrawn from the Court. Mr. Zaharani Sinare and Beda Kapinga, the learned advocates who appeared in Court on the material date representing the Respondent, did not object. Since it Is in the parties' interest that this application be marked "withdrawn from the Court at the instances of Page 3 of 4 the Applicant" this Court do hereby pronounce that the Misc. Commercial Application No.182 of 2021 is hereby marked withdrawn from the Court on the basis of the Applicant's request. The withdrawal is with no orders as to costs. It is so ordered. DATED AT DAR-ES-SALAAM ON THIS 18th DAY OF MARCH 2022 O JOHN NANGELA JUDGE Page 4 of 4