nova esperanca services vs oqtis investment limited 2023 tzhccomd 202 23 june 2023

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (COMMERCIAL DIVISION) AT DAR-ES-SALAAM COMMERCIAL CASE NO.22 OF 2023 NOVA ESPERANCA SERVICES LIMITED………… PLAINTIFF VERSUS OQTIS INVESTMENT LIMITED..................... DEFENDANT CONSENT JUDGEMENT Last Order: 14/06/2023 Consent Judgment 23/06/23 NANGELA, J.: The Plaintiff, a limited liability company established under the laws of United Republic of Tanzania, filed a suit against the Defendant, company registered in Tanzania, seeking against her, for Judgment and Decree as follows: (a) Payment of USD 44,550/= being the outstanding amount emanating from the Defendant’s acts of breach of the Transportation Agreement. (b) Payment of USD 50,000/= as General Damages arising from the Defendant’s acts of breach of the Transportation Agreement. 1 of 3 (c) Cost of this suit (d) Any other relief that the Honourable Court deems fit to grant. In these proceeding, the Plaintiff was represented by Mr. Benedict Magoto Mayani, learned advocate, while Ms. Jacquline Kulwa, learned advocate, appeared for the Defendant. When this suit was called on for orders on the 30th day of May 2023 following the completion of the necessary filings, Mr. Magoto told this court that, the parties were willing to have their dispute settled and, hence, needed time to negotiate a settlement deed. This court allowed them to pursue that route with a directive that, should the negotiations be successful, file their Deed of Settlement. On the 14th of June 2023, when the parties appeared before this court, Mr. Magoto informed this court that, the parties’ negotiations were successfully concluded and, that, their Deed of Settlement was already filed in court. He urged this court be pleased to record the deed of settlement and the same be taken to form the judgment and decree of this court. 2 of 3 I have gone through the deed of settlement, and I am satisfied that it does fall within the ambit of an enforceable deed and does satisfy the requirements of Order XXIII Rule 3 of the Civil Procedure Code, Cap.33 R.E 2019. In view of that, this court hereby records it and proceeds to mark the suit as having been compromised by the parties. The deed of settlement filed in this court on the 14th of June 2023, therefore, does hereby form part and parcel of this Consent Judgement and Decree of this court. It is so ordered. DATED AT DAR-ES-SALAAM ON THIS 23RD DAY OF JUNE 2023 ................................... DEO JOHN NANGELA JUDGE 3 of 3