SCIEX LIMITED VS LANCET LABORATORIES TANZANIA LTD CIVIL CASE NO

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA DAR ES SALAAM SUB-REGISTRY AT DAR ES SALAAM. CIVIL CASE NO. 31265 OF 2024 SCIEX LIMITED………………………………………………………..…. PLAINTIFF VERSUS LANCET LABORATORIES TANZANIA LTD……………………..…… DEFENDANT CONSENT JUDGMENT Date of last order: 26/03/2025 Date of judgment: 26/03/2025 A.A. MBAGWA, J. This judgment stems from a deed of settlement duly signed and filed by the parties before the Mediator Judge at the Mediation Centre on the 25th day of March 2025. The plaintiff herein, SCIEX LIMITED instituted the present suit against the defendant praying for judgment and decree as follows; a) Payment of a total sum of USD 141,456.56 by the defendant. 1 b) General damages for breach of contract to the of tune USD 14,145.656. c) Interest at the rate of 17% on the principal debt from 10/05/2021 to the date of Judgment and at 7% per annum on the decretal amount till payment is full. d) Costs of this suit. e) Any other relief as the Court may deem fit and just to grant. In brief, the factual background leading to the present suit is as follows: It was contended by the plaintiff that on diverse dates in the year 2021, the plaintiff received purchase orders of laboratory reagents from the defendant. The plaintiff acted upon the orders by supplying the same to the defendant. Subsequently, the plaintiff issued several invoices to the defendant according to the purchase orders. Nevertheless, for years, the defendant failed to honour the said agreement. On 24th February 2024, the defendant issued a letter to the plaintiff acknowledging the outstanding amount of TZS 45,020,167.00 and USD 156,276.40 and promised to pay. However, the defendant failed to fulfill his promise. As such, a sum of USD USD 141,456.56 2 remained outstanding to date. The plaintiff further averred that she incurred multiple financial losses due to a delayed repayment. She lamented further that despite repeated demand notices and an expression of intention to sue, the defendant denied in total to reimburse or compensate the plaintiff. Consequently, the plaintiff resolved to institute the present suit claiming the reliefs from the defendant as indicated hereinabove. After the first pre-trial conference, this matter was referred to the Mediation Centre. Luckily, on 25th March 2025 before Hon. Maruma J, the parties successfully mediated the matter. The parties signed a deed of settlement which was filed in Court to form part and parcel of the consent judgment and decree of the Court. As the High Court Mediation Centre is not enjoined with powers to execute decrees, the parties were referred back to this Court for the recording of the deed of settlement and composition of consent judgment and decree of the Court. It is a settled law that settlement is one means of disposing of cases. Order XXIII rule 3 of the Civil Procedure Code under which this settlement deed was filed provides as follows; 3 "Where it is proved to the satisfaction of the court that a suit has been adjusted wholly or in part by any lawful agreement or compromise, or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject matter of the suit, the court shall order such agreement, compromise or satisfaction to be recorded, and shall pass a decree in accordance therewith so far as it relates to the suit". In addition, the Court of Appeal in the case of Motor Vessel Sepideh and Another vs. Yusuph Mohamed Yusuph and two Others, Civil Application No.237 of 2013, CAT at Dar es Salaam, underscored the need for the courts to encourage and record a deed of settlement once it is arrived at by the parties. In the premises and without further ado, the deed of settlement reached by parties through mediation is hereby recorded and adopted to form part and parcel of the consent judgment. The matter is therefore marked settled with the following terms; 1. That, the outstanding amount in respect of the subject matter in this dispute is USD 121,925.31 which shall be paid by the defendant on a quarterly basis at the end of each quarter for seven installments from 4 the date of signing the settlement. The amount shall be paid in terms of USD equivalent to TZS 50,000,000 with the exchange rate prevailing on the date of payment, and the said amount shall be paid to the plaintiff account with the following details: I & M Bank, account number 30007582001 (TZS). 2. That, the defendant shall also pay the plaintiff costs for the case amounting to TZS. 10,000,000/= in installments of TZS. 5,000,000/= at the first quarter and the remaining TZS. 5,000,000/= shall be paid in five installments of TZS 1,000,000/= per each installment. 3. That, the defendant shall pay the first installment together with the interest of USD 1,829 and TZS 5,000,000/= to the plaintiff's account with the details below: ACCOUNT NAME: SCIEX LIMITED BANK NAME: I & M BANK TANZANIA LIMITED BRANCH: MAKTABA ACCOUNTS:30007582001(TZS) :30007582002(USD) SWIFT CODE: IMBLTZTZ 5 4. That, the defendant hereby agreed to settle the stipulated compromised agreed amount in seven (7) installments, a) 1st instalment to be paid by or before 25th June 2025 b) 2nd instalment to be paid by or before 25th September 2025 c) 3rd instalment to be paid by or before 25th December 2025 d) 4th instalment to be paid by or before 25th March 2026 e) 5th instalment to be paid by or before 25th June 2026 f) 6th installment to be paid by or before 25th September 2026 g) 7th installment to be paid by or before 25th December 2026 5. That, the defendant shall provide the plaintiff with a standing order from the Stanbic Bank TZ Limited account number 9120000599199 account name Lancet Laboratories Tanzania Limited by April 15, 2025, to ensure that payments are effected at the end of each quarter. Additionally, the defendant shall secure an overdraft facility from the same bank by May 25, 2025. 6 6. In the event of default on any term or installment, the plaintiff shall be entitled to initiate execution proceedings to enforce the terms set forth herein in accordance with the court decree. 7. Upon the signing of this settlement and full execution of its terms, no further legal claims or causes of action shall arise between the parties in relation to the subject matter of this case. It is so ordered. Dated at Dar es Salaam on this 26th day of March 2025. A.A. Mbagwa JUDGE 26/03/2025 7