MAREKEBISHO

IN THE HIGH COURT OF TANZANIA COMMERCIAL DIVISION AT ARUSHA COMMERCIAL CASE NO. 8885 OF 2024 NEW SAFARI HOTEL (1967) LIMITED........................... PLAINTIFF VERSUS RAINBOW SHUTTLE & CAR HIRE LIMITED.................DEFENDANT CONSENT JUDGMENT Date of Last Order: 20/09/2024 Date ofJudgment: 27/09/2024 AGATHO, J.: This judgement emanates from a deed of settlement dully signed by the parties in this court on 20th September ,2024. The Plaintiff is a registered company under the Companies Act No. 12 of 2002 R.E. 2002 . The Plaintiff, the New Safari Hotel (1967) Limited by way of plaint instituted this suit against the Defendant praying for judgment and decree for the following reliefs: 1. The Defendants be ordered to immediately reimburse/ pay the Plaintiff the sum of USD $ 31,263.59, being outstanding amount of rent the defendant owes the Plaintiff. a) Interest of 8% on paragraph (a) above, from the date of the institution of this suit to the date of judgment. b) Interest at the court rate of 12% on decretal amount from the date of Judgment and decree to the date of full satisfaction of the decree. c) Defendant be ordered to pay general damages as may be assessed by this Honourable Court. d) Costs of this suit be paid by the Defendant e) Any other relief(s) as the Honourable Court may deem just and fit to grant. 1 Having been dully served upon with the plaint, the Defendant filed her Written Statements of Defence denying and disputing every allegation set forth in the Plaintiff’s Plaint (save for noted facts) and prayed for dismissal of the suit with cost. The parties engaged in amicable consultation and negotiation and are now desirous of finally and conclusively settling all the matters in issue between them. On 20th September 2024 the parties informed the court that they had signed Deed of Settlement out of court and they have filed it in the court and prayed that the court be pleased to mark the matter settled and proceed to issue consent 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 5th December 2022, 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: 2. SETTLEMENT a) That, the Defendant has agreed to pay the Plaintiff sum of USD $ 13,100/= being the outstanding amount of rent without interest the Defendant owes the Plaintiff and sum of USD $ 1,563.17 being cost paid to the advocate fees, making a total of USD $ 14,663.17 within three (3) months from the date of signing this Deed of Settlement. b) That, on top of the above mentioned amount, Defendant will also pay or re-reimburse the Plaintiff sum of TZS 1, 662, 407 being the amount of court fees paid by the Plaintiff for institution of this suit within three (3) months from the date of signing this Deed of Settlement on the date of signing this deed of settlement. c) The amount of Tanzanian Shillings (TZS) stated in paragraph 1 (b) hereinabove will be paid to the Plaintiff’s bank account 2 maintained by CRDB Bank PLC- Meru Branch as indicated herein below:- Bank : CRDB BANK PLC- MERU BRANCH Name: NEW SAFARI HOTEL (1967) LTD A/C No. 01J1033543101 d) The amount of USD ($) stated in paragraph 1 (a) hereinabove will be paid to the Plaintiff’s bank account maintained by CRDB Bank PLC- Meru Branch as indicated herein below:- Bank : CRDB BANK PLC- MERU BRANCH Name: NEW SAFARI HOTEL (1967) LTD A/C No. 02J1033605601 SWIFT: CORUTZTZ e) That, in an event the Defendant herein fails to pay a total of the agreed amount for a period three (3) months; the Plaintiff shall have the right of initiating execution proceedings without further notice. f) That, any notice required or desired to be given with respect to this Deed of Settlement shall be in writing, and shall be deemed to have been validly served, given or delivered on signed receipt of hand delivery, upon delivery by overnight courier or upon transmission by facsimile or similar electronic medium to the parties to the address or facsimile number as each party designates to the other in writing. g) That, no amendments and/or modifications to this deed shall be valid unless executed in writing and signed by both parties. h) That, this Deed constitutes a final agreement between parties and supersedes any previous negotiations on the claims the subject of the Suit. 3. COST 3 Defendant will bear legal cost of the Plaintiff only to the extent agreed hereinabove. 4. NO ADMISSION OF LIABILITY Parties herein understands and acknowledge that this deed of settlement constitute a compromise and settlement and that the settlement made and any action taken by the parties in connection with this deed of settlement, shall not be deemed or construed to be (a) an admission of the truth or falsity of any actual or potential claims or (b) an acknowledgement or admission by the Plaintiff of any fault or liability whatsoever to the Defendant or to the third party. 5. RELEASE OF LIABILITY Both Plaintiff and Defendant acknowledge that the terms in this deed of settlement constitute full and final settlement (including all past present and future claims) arising out and or in connection to Commercial Case No. 8885 of 2024 between the parties herein. 6. ORDER BY THE COURT That, parties hereby request this Court to record this Deed of Settlement as full, final and conclusive settlement between them in respect of Commercial Case No. 8885 of 2024 and parties herein undertakes to honor terms thereto to which they are legally bound, and upon recording of this Agreement parties agree that the same shall be made as Judgment and Decree of the court in terms of Order XXIII Rule 3 of the Civil Procedure Code Cap 33 R:E 2019. 7. ENTIRE AGREEMENT a. That each party acknowledges that this Deed of Settlement constitutes the entire agreement between the parties with regard to the subject matter and it supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them and/or any of their subsidiaries, affiliates, parent companies, agents or representatives, whether written and/or oral. b. This Deed of Settlement constitutes the complete agreement between the parties as to the matters herein dealt with and it replaces all other agreement, if any, in this regard, this 4 agreement cannot be modified or amended, except by consent of both parties via a written document duly executed and authorized by each of the parties herein. 8. SEVERABILITY If any provision of this deed of settlement will be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceable shall not affect the other provisions of this deed of settlement which shall remain in full force and effect. 9. GOVERNING LAW This Deed of Settlement shall be governed and interpreted in accordance with the laws of Tanzania Mainland. 10. EVENT OF DEFAULT That, in the event the Defendant default to honor the terms of agreement contained in this Deed of Settlement as stated hereinabove, then Plaintiff shall proceed with execution of this deed of settlement as full decree of the Court without any further notice to the defendant. 11. REPRESENTATION That parties herein acknowledge that before signing this deed of settlement they received independent legal advice from Vigilance Attorneys, Hans Road, Uzunguni Area, Plot No. 45B, House No. 9 within Arusha City of P. O. Box 785 Arusha for the Plaintiff and Ideal Chambers Advocates, Col. Middleton Road, Blue Rock House, 2nd Floor of P. O. Box 14397 Arusha for Defendant who have ensured they fully understand the nature and legal effect of this deed of settlement. 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 20th Septmeber,2024. Therefore, the said terms of the deed of settlement are now recorded as judgment and decree of the court It is so ordered. 5 DATED at Dar es salaam this 27th Day of September 2024. U. J. AGATHO JUDGE 27/09/2024 6