MWANAMAYUMBU METAL CO

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (COMMERCIAL DIVISION) AT PAR ES SALAAM COMMERCIAL CASE N0.10384 OF 2024 MWANAMAYUMBU METAL COMPANY LIMITED.................................PLAINTIFF VERSUS LODHIA INDUSTRIES LIMITED (formerly known as LODHIA STEEL INDUSTRIES LIMITED)........................................ DEFENDANT JUDGMENT BY CONSENT Date of Last Order: 23/08/2024 Date of Judgment: 23/08/2024 GONZI, J. Through the services of Mendez Consultancy Agency (M.C.A), the Plaintiff filed this suit against the Defendant praying for Judgment and Decree for orders that: (a) A declaration that the Defendant has breached the contractual obligations arising from an implied supply agreement executed between the Plaintiff and the Defendant for the inland supply of metal and steel products within Tanzania, spanning intermittently from 2023 to 2024; i (b) An order for immediate payment of TZS 100,833,500.00 (Say One Hundred Million Eight Hundred Thirty-Three Thousand Five Hundred Tanzanian Shillings only) being the outstanding amount, VAT inclusive, as of 18th April 2024 for the supply of metal and steel products; (c) An order for immediate payment of default interest on the outstanding amount at the commercial rate of 25% per annum, commencing from the date of breach and continuing until the date of Judgment; (d) An order for immediate payment of Court rate interest of 7% per annum from the date of Judgment to the date of full satisfaction; (e) An order for immediate payment of general damages for inconvenience caused to the Plaintiff; (f) Costs of this suit; (g) Any other relief the Court may deem fit, equitable, just and proper to grant. The Defendant through the services of SPES Attorneys, filed a Written Statement of Defence refuting the claim and allegations in the Plaintiff and prayed for dismissal of the Plaintiff's suit with costs. On 5th August 2024, Mr. Nafikile Mwamboma, learned Advocate for the Plaintiff and Mr. Nazario Michael, learned Advocate for the Defendant, informed the Court that their clients were in ongoing negotiations with a view to settling the matter amicably out of Court and therefore they prayed for some time to accomplish the amicable settlement process. The Court granted them two weeks. On 23rd August 2024, Mr. Nafikile Mwamboma and Ms. Josepha Tewa, learned 2 Advocates, for the Plaintiff and the Defendant respectively, informed the Court that their clients had successfully reached an out of Court settlement and prayed that the Court enters a consent settlement order in terms contained in the Deed of Settlement filed in Court on 21st August, 2024. A consent settlement order was issued and therefrom this Consent Judgment arises stemming from the terms agreed upon by the parties in their Deed of Settlement duly executed by both sides on 9th August 2024 and filed in Court on 21st August 2024. This Court therefore enters Judgment by Consent and Decree that: (a) In compromise of the suit, the Defendant shall pay the Plaintiff a sum of TZS 100,833,500.00 (One Hundred Million Eight Hundred Thirty- Three Thousand Five Hundred Tanzanian Shillings only) being the principal amount, including VAT, for supplied scrap metals. (b) The Plaintiff waives its claims for general damages and interest. (c) In addition to the principal amount in (a) above, the Defendant shall also reimburse the Plaintiff the costs of filing the suit which is TZS 2,156,670/=. (d) Each party shall bear its own costs in relation to the Claim and the suit. (e) All the above amounts shall be paid in two (2) equal instalments by the Defendant depositing the same into the Bank Account of the Plaintiff. (f) The first instalment shall be paid on the signing of the Deed of Settlement and recording it as a decree of the Court and the second instalment shall be paid within one month from the date of the first deposit being made. 3 (g) The terms of the Deed of Settlement duly executed, filed and registered as a decree of the Court shall be irrevocable and shall conclusively settle Commercial Case No. 10384 of 2024 between the parties whereby neither party shall raise other or further claims in any forum in respect of the same claim and shall not contest or otherwise challenge the terms or validity of the Deed of Settlement entered between the parties. (h) Failure of either party to enforce any provision of the Deed of Settlement shall not be construed as a waiver of such provision or the right to enforce it in the future. It is so ordered. Judgment by Consent is delivered in Court this 23rd day of August, 2024 in the presence of Mr. Nafikile Mwamboma, learned Advocate for the Plaintiff and Ms Josepha Tewa, learned Advocate for the Defendant. A. H. GONZI— JUDGE 23/08/2024 4