MARTIN NOBERT JUDGMENT

IN THE HIGH COURT OF TANZANIA DAR ES SALAAM SUB REGISTRY AT DAR ES SALAAM CIVIL CASE NO. 15029 OF 2024 MARTIN NOBERT MUSHI………………………………..……..PLAINTIFF VERSUS FINE SKIN EXPORT COMPANY LIMITED……….………. DEFENDANT CONSENT JUDGEMENT 28th & 28th March 2025 MWANGA, J. This is a consent judgment. It arose from a Consent settlement Order entered into and agreed upon between the parties in this suit, signed on November 2024. The settlement resulted from a suit filed by the Plaintiff in Court on 25 Jun 2024, seeking that this Court enter judgment and decree against the Defendant as follows; 1. A declaration that the Defendant is in breach of the agreement for the supply of cow horns and other products entered into between the Plaintiff and the Defendant. 2. Payment of a sum of Tshs. 84,960,000/= (Tanzania Shillings Eighty- Four Million, Ninety-Six Hundred Thousand only), being the outstanding amount which the Defendant has retained without supplying the goods to the Plaintiff. 3. Payment of a sum of Tshs. 87,360,000/= being loss of income the Plaintiff has suffered as a result of the Defendant's breach of the agreement. 4. Payment of a sum of Tshs. 32,000,000/= being the loan amount the Plaintiff borrowed from one Manase Julius Philemon due to the defendant breach of the agreement. 5. Interest on b, c, and d above at 20% commercial rate from the date of the suit to the date of judgment. Interest on a decretal sum at 7% court rate from the date of judgment until full satisfaction of the decree. 6. Costs of this counterclaim. 7. Any other relief as the court may deem just & proper to grant On 14 March 2025, the counsels representing the parties in this suit informed the court that they had settled the entire dispute amicably, an act that was followed by the filing of the Consent Settlement Order on the aforementioned date. Therefore, the respective counsels pleaded for the Consent Settlement Order to be reduced to a consent judgment and decree of this Court. Considering the terms and conditions outlined in the Consent settlement Order, the parties agreed to settle as follows; 1. That Mr. Koore Sasu Kwame, the Defendant's Managing Director, pay the Plaintiff a sum of TSHS. 85,000,000/= as the settlement amount for the entire claim. This amount is to be paid in the following terms. 2. That the said sum shall be paid to the Plaintiff by Mr. Koore Sasu Kwame, the Defendant's Managing Director, in equal monthly installments of TZS 4,000,000/= (Four Million only) from 30th November, 2024, as per the following schedule. SN DUE DATE AMOUNT PAYABLE 1. 30th November, 2024 4,000,000 2. 31st December, 2024 4,000,000 3. 31st January, 2025 4,000,000 4. 28th February, 2025 4,000,000 5. 31st March, 2025 4,000,000 6. 30th April, 2025 4,000,000: 7. 31st May, 2025 4,000,000 8. 30th June, 2025 4,000,000 9. 31st July, 2025 4,000,000 10. 31st August, 2025 4,000,000 11. 30th September, 2025 4,000,000 12. 31st October, 2025 4,000,000 13. 30th November, 2025 4,000,000 14. 31st December, 2025 4,000,000 15. 31st January, 2026 4,000,000 16. 28th February, 2026 4,000,000 17. 31st March, 2026 4,000,000 18. 30th April, 2026 . 4,000,000 19. 31st May, 2026. 4,000,000 20. 30th June, 2026 4,000,000 21. 31st July, 2026. 4,000,000 22. 31st August, 2026 1,000,000 3. That the defendant furnish security for the due performance of the terms of payment through: a. Mrs. YASINTA IPOLI7US NJAU (Mr. Koome's wife) shall be the Defendant's GUARANTOR, in case of any default in payment of the agreed amount. b. Mr. KOORE SASU KWAME, the Defendant's managing director, is pledging a skin pressing machine (which is currently located at Mbeya), for the performance of this Agreement. 4. That, in the event of any default to pay even single monthly installment, the entire outstanding amount shall immediately become due and recoverable, in which case, the Plaintiff shall have automatic right to take possession of skin pressing machine, and attach any of the guarantor's property to recover the entire outstanding sum. 5. That, further in the event of default, the Plaintiff has the further right to execute the decree by arrest and detention as a civil prisoner of Mr.Koore Sau Kwarne For the foregoing the same is hereby entered accordingly to form part of this consent judgment and decree. It has been emphasized in the case of Motor Vessel Sepideh and Another Versus Yusuph Mohamed Yusuph and Two Others, Civil Application No. 237 of 2013 (CAT unreported), that where a lawful agreement or compromise is reached, the court is bound to record a settlement once it is arrived at by the parties. In light of the above, this suit is marked as settled to the extent of the consent settlement order reached by the parties, as per the terms and conditions contained therein. Order accordingly. H. R. MWANGA JUDGE 28/03/2025 COURT: The Consent Judgement was delivered in Chambers this 28th day of March 2025, in the presence of Mr. Deogratius Ogunde for the Plaintiff and Mr. David Ndimu, Adv for the Defendant. H. R. MWANGA JUDGE 28/03/2025