MAXCARL

IN THE HIGH COURT OF TANZANIA (DAR ES SALAAM SUB-REGISTRY)

AT DAR ES SALAAM CIVIL CASE NO. 14049 OF 2024 MAXCARL INVESTMENT LIMITED……………………………………PLAINITFF

VERSUS COSCO SHIPPING SPECIALIZED CARRIERS CO. LIMITED……………………………….………………………………..1ST DEFENDANT CHINESE-TANZANIAN JOINT SHIPPING COMPANY……………………………………………………………..…2ND

DEFENDANT

CONSENT JUDGEMENT 25th & 25th February 2025 MWANGA, J. This is a consent judgment. It arose from a settlement deed entered and agreed upon between the parties in this suit signed on 7th and 15th February 2025. The settlement resulted from a suit filed by the Plaintiff in Court on 13th June 2024, seeking that this Court enter judgment and decree against the Defendants as follows; a. Court to find and hold that 1st and 2nd defendants liable for tortious liability and the damages caused. b. Order compensation of TZS 264,000,000/- being specific damage suffered by the plaintiff in the hands of the defendant's negligent handling. c. Order payment for time wasting and costs incurred in business TZS 50,000,000/- d. General damages TZS 51,000,000/- On the 20th of February 2025, the counsels representing parties in this suit informed the court that they had settled the whole dispute amicably, an act which was followed by filing the Deed of Settlement on the date mentioned above. When both counsels appeared, they pleaded for such a settlement deed to be reduced into the consent judgment and to form part of the decree of this court. Considering the terms and conditions outlined in the Deed of settlement, the parties agreed to settle as follows; 1. First, Defendant shall pay TZS 92,000,000 (approximately USD 40,000) to Plaintiff as a full and final settlement in respect of the Civil Suit and in satisfaction of the award of TASAC award of TZS 185,000,000/= dated 20 February 2024, which the Plaintiff fully abandons.

2. The Civil Suit shall be marked as settled in terms of this Settlement Agreement. Each party is to bear its own costs.

3. The Plaintiff abandons absolutely any right to enforce or demand payment in respect of the award of TASAC of 185,000,000/= dated 20 February 2024.

4. The First Defendant shall withdraw the Judicial Review Application, and the said proceedings shall be marked as settled in terms of this Settlement Agreement.

5. The First Defendant shall pay Plaintiff the amount specified under paragraph 1.1 above in a single installment within 60 days through the judiciary bank account or the Plaintiff's bank account.

6. This Settlement Agreement will operate as a full and final settlement of all and/or any actions, claims, rights, demands, and set-offs, whether in this jurisdiction or any other, whether or not presently known to the Parties or the law, and whether in law or equity, that a Party ever had, may have or hereafter can, shall or may have against any counterparty in this Settlement Agreement arising out of the contract of carriage between the Plaintiff and the First Defendant under the Bill of Lading.

7. Nothing in this Settlement Agreement shall constitute an admission of the truth of any fact or allegations made in the Civil Suit, and nothing in this Settlement Agreement may be used by the Plaintiff or any person to bind the First or Second Defendants in any proceedings other than the proceedings contemplated by the Parties under this Settlement Agreement.

8. This Agreement may be executed in wet ink or electronically and in more than one counterpart and shall come into force once each Party has executed such a counterpart in identical form and exchanged the same with the counterpart Parties. For the foregoing, it is hereby entered accordingly to form part of this consent judgment and decree. In the case of Motor Vessel Sepideh and Another Versus Yusuph Mohamed Yusuph and Two Others, Civil Application No. 237 of 2013 (CAT-Unreported), it has been emphasized that where there is a lawful agreement or compromise, the court is bound to record the settlement once the parties reach it. In light of the above preceding, this suit is marked settled to the extent of the consent settlement order reached by the parties per the terms and conditions. Order accordingly. H. R. MWANGA

JUDGE 25/02/2025 COURT: The Consent Judgment was delivered in Chambers on February 25, 2024, in the presence of Mr. Hassan Yasin, Advocate for the Plaintiff, and Ms. Diana Bahesha, Advocate for the Defendants. H. R. MWANGA

JUDGE 25/02/2025