southlake resources ltd vs roadmix t ltd 2023 tzhccomd 211 12 july 2023

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (COMMERCIAL DIVISION) AT DAR-ES-SALAAM COMMERCIAL CAUSE NO.ll OF 2023 IN THE MATTER OF THE COMPANIES ACT CAP 212 RE 2002 AND IN THE MATTER OF AN APPLICATION MADE UNDER SECTION 281(1) OF THE COMPANIES ACT CAP’212 RE 2002 AND IN THE MATTER OF COMPULSORY ^/INdlN^Up’bF ROADMIX TANZANIA LIMITED,.. iV1 ANDt T*1 n y IN THEiMATTERjOF APPLICATION BY SOUTHLAKE REs'oURfCESWOED....................... PETITIONER h 'S.dVERUS ‘h A d" ROADMIX TANZANIA LIMITED...................... RESPONDENT Date of Last Order: 06/107/2^23 Date of Judgement: 12/d|/2023 CONSENT JUDGEMENT NAN GE LA, J.: The Petitioner petitioned in this court for the winding up of the Respondent company. The prayers brought to the attention of this court in her petition were couched as follows: 1, That, the Respondent be wound up by the court under the provisions of Page 1 of 5 the Companies Act, Cap.212 R.E 2002. 2. That, this Honourable Court be pleased to appoint an official liquidator of the Company (the Respondent) to take possession of the assets, properties, books, accounts, and records of the Company forthwith. \ 3. Costs of the Petition bemroVidedfor. 4. Any other relief d^tordehthabithis1’ \ *'h|» Honourable Cburthwill deem just and 'll1' equitable to grant. ‘‘»MP The Respondent di'd^fileyi an answer to the Petition. However, when tn'e parties?%ppeared before this court wisdom II*............... dictated t[iat they''epgage on a one-on-one discussion before this court could'’proceed any further. I readily granted them an opportunity to do so since it is in the interest of justice that disputes which can be swiftly dealt with by the parties amicably be allowed to be ended that way. On the 12th day of July 2023, the learned advocate for the Petitioner Mr. Shalom Msaki, learned advocate appeared for the Page 2 of 5 in court also holding brief for the Respondent's counsel Mr. Lawi Nelson. In his submission to the court, Mr. Msaki informed this court that an agreement to amicably end the dispute was inked and already the executed by the parties. He told the court further that a deed of settlement was filed in court. He invited this court to look at the parties' deed of settlement and record it as per the law. , X ....... > Sil The parties deed of settlemeht^was^preferred1 under Order XXIII Rule 3 of the Civil Provedur'XCbdk G’ap.33 R.E 2019. I have been therefore riequ’ested tg ifpgister it and mark the dlp \ ’,,l\ ,!^ petition as having ‘been ''settled’ compromise of the parties. X '"UHl!’’ According toOfdeihXXIII Rule 3, parties can enter a compromise and adjqst ttieif 'dispute either wholly or partly by a lawful agreement. iHir Once parties desire to settle their dispute and proceed to file a deed of settlement or compromise in court, and, if the court is satisfied that such deed of settlement does, indeed, settle their dispute either in whole or part, as the case may be, the court may order such agreement, compromise or Page 3 of 5 satisfaction to be recorded, and shall pass a decree in accordance therewith so far as it relates to the suit. I have taken the liberty of looking at the deed of settlement filed in court on the 06th day of July 2023 in compromise of the petition preferred in court by the Petitioner. In my view, I find it to be in order as it is duly executed by both parties. dP I am satisfied, therefore, that, the deed, of settlement is • H h dP ’l ‘h, '(.{(I’ lawful and has lawfully adjusted thetpetitipn!!ip, whole. In view ‘‘>1 ’’I* ,<P*‘ 11 n i£ *I I of such positive developments, this, c’OutJi hereby proceeds to । J111 h |P register the deed of settlement and .makes an order that the same constitutes part and 'ptarcel|of this Consent Judgment as a lawful Decree^pf the couft,^’ II h, 1,<I> In die upshot^this court settles for the following: I ,‘Mhtl.piThat, the petition filed by the Petitioner herein is hereby marked settled at the compromise of the parties and on terms as they appear on the Deed of Settlement filed in this court. Page 4 of 5 2. That, the Deed of Settlement form the Decree/Order of this court. It is so ordered. DATED AT DAR-ES-SALAAM ON THIS 12th DAY OF JULY 2023 Page 5 of 5