MOBIKEY TRUCKS AND BUS LTD VS ONE NAGG GROUP LTD COMM CASE NO

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (COMMERCIAL DIVISON) AT PAR ES SALAAM COMMERCIAL CASE NO. 4032 OF 2024 BETWEEN MOBIKEY TRUCKS AND BUS LIMITED.......................... PLAINTIFF VERSUS ONE NAGG GROUP LIMITED......................................... DEFENDANT CONSENT JUDGMENT Date of Last Order: 07/05/2024 Date of Judgment: 24/05/2024 AGATHO, J.: This judgement emanates from a deed of settlement dully signed by the parties and filed in this court on 22nd May,2024. The Plaintiff is a registered company under the Companies Act No. 12 of 2002 R.E. 2002. The Plaintiff, MOBIKEY TRUCKS AND BUS LIMITED by way of plaint instituted this suit against the Defendant, ONE NAGG GROUP LIMITED praying for judgment and decree for the following reliefs: I. Declaration that the defendant is in breach of the terms of the i Agreement dated 9th November, 2022 between the Plaintiff and the Defendant. II. The defendant be ordered to pay the Plaintiff the sum of Euro 68068 (Euro Sixty Eight Thousands and sixty eight) or its equivalent in Tanzania Shillings being the cost of outstanding debt arising from the sale and purchase agreements between the Plaintiff and the Defendant. III. Payment of Interest be imposed on the amount stated in item ii above at the Commercial rate of 25% running from the date of filling the suit to the date of judgment. IV. The defendant to pay the Plaintiff interest on the decretal amount at the Court rate of 12% from the date of judgment till when the decree is fully satisfied. V. The defendant to pay the plaintiff general damages as it will be assessed by the Court. VI. The defendant to pay the plaintiff costs of the Suit. VII. And any further other reliefs the Court shall deem just and fit to grant. On 7th May 2024, when the matter came for 1st pre-trial conference the parties informed the court that they were conducting negotiations and eventually on 14th May 2024 they signed Deed of Settlement out of court and they have filed it in the court on 22nd May 2024 and prayed that the court be pleased to mark the matter settled and proceed to issue consent 2 judgment under Order XXIII Rule 3 of the Civil Procedure Code [Capp 33 R.E. 2019]. I have gone through the Deed of Settlement dated 22nd May 2024, and in terms of Order XXIII Rule 3 of the Civil Procedure Code [Capp 33 R.E. 2019] and Rule 2(2) of the High Court (Commercial Division) Procedure Rules, 2012 as amended in 2019 I am satisfied that, the same was mutually consented. In the view of above, the Deed of Settlement is hereby recorded and adopted to form part of consent judgement as prayed by the parties on the following orders: 1. That the parties agreed that the outstanding amount due and claimed by the Plaintiff against the Defendant is the sum of USD 72,070.90 (that is to say United States Dollar Seventy-two thousand and Seventy and Ninety Cents) only and Legal Fees of TZS 13,934,000 VAT Inclusive (Tanzania Shillings Thirteen Million Nine Hundred and thirty-four Million Only). This sum includes a negotiated principal debt due, interests, less interest penalties and legal charges that has accrued following default by the Defendant. 2. The parties agree that the outstanding amount in Paragraph 1 of this Deed shall be paid by the Defendant in six (6) equal instalments as per the schedule below; and THAT the Legal fees shall be paid on the seventh month i.e. December 2024. 3 S/N DATE AMOUNT 1. 30/06/2024 USD 12,011.82 2. 31/07/2024 USD 12,011.82 3. 31/08/2024 USD 12,011.82 4. 30/09/2024 USD 12,011.82 5. 31/10/2024 USD 12,011.82 6. 30/11/2024 USD 12,011.82 7. 31/12/2024 TZS 13,934,000/= 3. That in the event the said Defendant default to repay the installments as covenanted herein, the terms and conditions herein contained shall abrogate and the Plaintiff shall be entitled to recover all and any outstanding debt due upon deduction of all installments made. 4. That the parties having agreed as aforesaid, they herein submit this Deed of Settlement for registration and upon registration and the terms herein contained shall constitute consent judgment and decree of the Court. In lieu of the above, and as per Order XXIII Rule 3 of the Civil Procedure Code [Capp 33 R.E. 2019], the present suit is marked settled at the instance of the parties, terms and conditions set out in their deed of settlement executed and filed in this court on 22nd May,2024. Therefore, the said terms 4 of the deed of settlement are now recorded as judgment and decree of the court. It is so ordered. DATED at Dar es salaam this 24th Day of May 2024. JUDGE 24/05/2024 5