shamrock oil and petrochemical dmcc vs lake lubes ltd and another 2021 tzhccomd 3504 15 june 2021

IN THE HIGH COURT OF TANZANIA (COMMERCIAL DIVISION) AT PAR ES SALAAM COMMERCIAL CASE NO. 75 OF 2020. SHAMROCK OIL AND PETROCHEMICAL DMCC......... PLAINTIFF VERSUS LAKE LUBES LIMITED........................................... 1stDEFENDANT LAKE OIL LIMITED.............................................. 2nd DEFENDANT Date of Last order: 13/5/2021 Date of Judgement: 15/6/2021 CONSENT JUDGEMENT MAGOIGA, J. The plaintiff, SHAMROCK OIL AND PETROCHEMICAL DMCC by way of plaint instituted the instant suit against the above-named defendants, praying for judgement and decree jointly and severally in the following orders, namely:- a. Payment of the special damaged amounting to USD. 201,788.76 (Tshs.464,112,400) being an outstanding balance for goods supplied to the 1st Defendant; b. Payment of interest of the unpaid amount USD. 201,788.76 at a rate of 0.15 per day from 16th March 2019 to the date of filling of this case; c. Payment of interest of the unpaid amount, SD 201,788.76 at a rate of 0.15 per day from the date of filling of this case to the date of judgement; d. Interest on decretal amount at courts rate of 7% per annum from the date the date of judgement until final payment; e. General damages for breach of contract and the plaintiff's suffering out of the defendants acts as shall be assessed by this court; f. Costs of the suit be borne by the defendant; g. Any other relief(s) that this Honourable court may deem fit and just to grant. When this case was called on for orders on 15th June, 2021 Mr. Gratian Mali, learned advocate for the Plaintiff and Mr. Eliolutu Bonifoce, learned advocate for the defendants informed the court they managed to settle the matter and Deed of Settlement was already filed in this court. I have gone through the deed of settlement filed in this court by two parties and indeed filed under order XXIII Rule 3 of the Civil Procedure Code [Cap 33 R. E 2019]. The said Rule 3 provides that:- "Where it is proved to the satisfaction of the court that the suit has been adjusted wholly or in part by any lawful agreement or compromise or where 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 decree in accordance therewith so far it relates to the suit." This position was acknowledged by the Court of Appeal f Tanzana in the case of Motor Vessel Sepideh and Another v. Yusuph Mohamed Yusuph and two others Civil application No 237 of 2013 (unreported) the Court of observed that:- "Where there is lawful agreement or compromise the court is bound to record a settlement once it is arrived at by the parties" I have examined the Deed of Settlement which seeks to settle the whole suit. I am satisfied as to its lawfulness and effect of settling the whole suit once and for all. In the view of the above the same is hereby registered and it shall form part and parcel of this consent decision of the court as well as its decree. The present suit, therefore, is marked settled at the instance of the parties' in terms and conditions set out in their Deed of Settlement executed and filed in this court on 15th June, 2021. It's so ordered. Dated at Dar es salaam on this 15th June, 2021. S.M. MAGOIGA JUDGE 15706/2021