NASSEB HUSSEIN MAGUHA

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB-REGISTRY OF MWANZA

AT MWANZA CIVIL CASE NO. 34 OF 2023 NASSEB HUSSEIN MAGUHA T/A MAHIMA AUTO PARTS………………PLAINTIFF

VERSUS MWANZA CITY COUNCIL………………….....................................1ST DEFENDANT THE ATTORNEY GENERAL………………………………………………2ND DEFENDANT

JUDGMENT ON ADMISSION 30th April & 30th April, 2024. Kilekamajenga, J. The plaintiff filed the instant case against the defendant claiming among other things; payment of Tshs. 11,835,000/= being specific damages for failure to make payment due to the plaintiff; payment of Tshs. 8,876,250/= being interest at the bank rate over the period of the money remained unpaid by the defendant; payment of general damages for the loss of profit over the money the 1st defendant defaulted payment; costs of the suit and any other relief as this Honourable Court may deem fit to grant. The plaintiff’s claim originates from unpaid money from the sale of spare parts and tyres supplied to defendant on divers dates. When the matter came for First Pre-trial Conference, the first defendant filed a letter admitting the claim and promised to settle the whole claim under two installments. This court invited the parties to address the court on the letter of admission. The learned State Attorney, Mr. Allen Mbuya who appeared for the defendants 1 reiterated the fact that they filed a letter admitting the claim of 11,835,000/=. The first defendant further promised that, on 7th may 2024 an amount of Tshs. 5,917,500/= will be deposited to the plaintiff as the first installment and the remaining amount shall be paid after one month later i.e 7th June 2024. Mr. Mbuya urged this court to enter a judgment on

admission against the defendant albeit without costs. On the other hand, the counsel for the plaintiff, Mr. Akram Adam had no objection on the submission from the defendants’ counsel. In this case, it is evident that the first defendant has admitted the whole claim raised by the plaintiff. Based on the admission made by the first defendant, this court orders the following: 1. The claim of Tshs. 11,835,000/= against the defendants have been proved; 2. The first defendant should pay to the plaintiff an amount of Tshs. 5,917,500/= on or before 7th May 2024.

3. The remaining amount of Tshs. 5,917,500/= shall be paid on or before 7th June 2024.

4. No order as to costs. Order accordingly. DATED at Mwanza this 30th Day of April, 2024. 2 Ntemi N. Kilekamajenga.

JUDGE 30/04/2024 Court: Judgment delivered this 30th Day of April 2024 in the presence of the Plaintiff’s counsel Mr. Akram Adam and the counsel for the defendant, Mr. Allen Mbuya. Right of appeal explained to the parties. Ntemi N. Kilekamajenga.

JUDGE 30/04/2024 3 4