20150819 TZHC Mbeya

IN THE HIGH COURT OF TANZANIA AT MBEYA CIVIL CASE NO. 2 OF 2010 MALIGANE FARMERS ECONOMIC GROUP ...........•............ PLAINTIFF VERSUS TANZANIA COFFEE BOARD ........................................... DEFENDANT Date: 19/08/2015 Coram~ Hon. A. F. Ngwala, J. Plai11tiff: Present For the Plainti'ff: Absent Defendant: For the Defendant: Miss Mongi B/C: Japhet Plaintiff: · lVIadame Judge, we pray to withdraw this· suit in co~rt, with a view to refile, in case we fail'to settle the matter out of court ·, witli the Deferidants. Miss Mon.gi: It is true; their Claim is new to the Board. The Board is .·. · · a;,are of the other Claim which is not indicated in the Plaint. Their Claim to rescind the sell process of coffee has been overtaken by even.ts. For this reason, I have no objection to their prayers to withdraw their suit. The Defendants will however have claims for costs . .. : .. . ·. . . Plaintiff's:· · :Madame Judge, our monies are with the Board. \Ve have not.received our monie-s; we therefore pray that we should not be liable to pay the costs of this suit.· 1 r-~·,~-- ~ ~ . . . - - - - ~ - ---~ ' ' ·,1:'-) /,: ~· .... ,-,,· },,,;,16.. Order: In view of the prayer by the plaintiff's that this suit should be withdrawn in court, so that the parties can settle this matter at of court; And in _so far as the iearned Counsel for the Defendants has not objected to this prayer, only that she is praying for the costs of the suit; in my considered opinion, this suit has not been contested. The proceeclings in this record clearly indicate that both the learn~d Counsels for the parties have failed to record their terms of settlement in terms of Order 23 Rule 3 of the Civil Procedure Code. Accordingly each party shall bear his or her own costs. This suit is thus withdrawn with no order as to costs. ~-------~ -r 0 ,,,-;/'..,.,t,} -~ '4~~!4_f ·- /'c._?---./ ---- - - - A.F.NGWALA JUDGE 19/08/2015 ~t,.. ;., ·•,•-·r"''•'s,.._,,,", _,. _____ f' .,••"'"'.,-ef'•'•' 2