ritha dominic mallya vs maendeleo bank plc 2023 tzhclandd 16720 31 july 2023

IN THE HIGH COURT OF TANZANIA (LAND DIVISION) AT DAR ES SALAAM LAND CASE NO. 118 OF 2023 BETWEEN RITHA DOMINIC MALLYA......................................... PLAINTIFF VERSUS MAENDELEO BANK PLC............................................. DEFENDANT CONSENT JUDGMENT 26/7/2023 & 31/7/2023 k, MSAFIRI, J. The plaintiff Ritha Dominic Mallya has filed this suit against Maendeleo Bank PLC, the defendant. The brief facts as per the plaint is that in the year 2018 the plaintiff borrowed TZS 425,000,000/= from the defendant and the loan was secured by various properties including mortgage of a house with C.T No. 94159, Plot No. 1107, Mikocheni Area, Kinondoni Municipality, Dar es Salaam which is registered in the name of Dominic Alphonce Mallya. That the plaintiff managed to service her loan until she was faced with unforeseeable economic challenges which incapacitated her ability for repayment. That the plaintiff tried to communicate with the defendant about the economic crisis facing her but the defendant refused to i cooperate or to make arrangement for loan restructuring as per the Bank of Tanzania Guidelines. That the defendant has on several times issued various documents to the plaintiff expressing her intention to sale the suit property through auction and hence breaching the terms of loan agreement. The plaintiff claims for the following orders against the defendant; i. Declaration that the defendant has breached the loan agreement. ii. The Court may be pleased to order the defendant to comply with the Bank of Tanzania's directives on handling of loan of the plaintiff which was affected by COVID-19 by allowing restructuring. iii. The defendant be ordered to pay general damages to the plaintiff. iv. The defendant to be costs to the plaintiff (sic). v. Any other orders as shall deem fit to grant by this Honourable Court. In the suit, the plaintiff was represented by Mr. Hashim Mziray, learned advocate while the defendant was represented by Mr. Thomas Mathias, learned advocate. Mt 2 On 26/7/2023, this Court was informed by the counsels for the parties that they wish to settle the matter amicably and they have started the negotiations on settlement. On 28/7/2023, the parties filed the Deed of Settlement in Court. On 31/7/2023 Mr. Mziray informed the Court that the negotiations of settlement out of Court between the parties have been finalized and a Deed of Settlement have been filed in Court to that effect. He prayed for the matter to be marked settled as per the terms of Deed of Settlement which was filed in Court on 28/7/2023. Mr. Mathias, submitted in agreement and added that they pray that what have been agreed by the parties in the Deed of Settlement be recorded in Court as consent judgment. After hearing submissions of parties and having gone through the Deed of Settlement filed in the Court on 28/7/2023, the Court finds that the plaintiff and the defendant have agreed to settle their dispute amicably on the terms and conditions stated in the said Deed of Settlement. Therefore, the Deed of Settlement is hereby adopted as the decision of the Court in the case at hand between the plaintiff and defendant. The Court hereby pass a Decree in this case pursuant to Order XXIII Rule 3 of 3 the Civil Procedure Code, Cap.33 R. E. 2019. The decree is passed according to the terms of the Deed of Settlement entered by parties on 28/7/2023. Each party shall bear its own costs. It is so ordered. 4