sirori simba company ltd vs musoma munical council 9 others 2023 tzhc 21099 18 september 2023

IN THE HIGH COURT OF TANZANIA

MUSOMA DISTRICT REGISTRY

AT MUSOMA CIVIL CASE NO. 04 OF 2022 SIRORI SIMBA COMPANY LTD.......................................................... PLAINTIFF

VERSUS MUSOMA DISTRICT COUNCIL.................................................. 1st DEFENDANT THE HEAD MASTER, BUGWEMA SECONDARY SCHOOL........... 2nd DEFENDANT THE HEADMASTER, MAKOJO SECONDARY SCHOOL................ 3rd DEFENDANT THE HEADMASTER, TEGERUKA SECONDARY SCHOOL............ 4th DEFENDANT THE HEADMASTER, MTIRO SECONDARY SCHOOL................... 5th DEFENDANT THE HEADMASTER, NYANJA SECONDARY SCHOOL................. 6th DEFENDANT THE HEADMASTER, NYAKATENDE SECONDARY SCHOOL 7th DEFENDANT THE HEADMASTER, MABUI SECONDARY SCHOOL................... 8th DEFENDANT THE HEADMASTER, MURANGI SECONDARY......................... 9th DEFENDANT THE ATTORNEY GENERAL..................................................... 10™ DEFENDANT

CONSENT JUDGMENT September, 2023 M. L. KO MBA. J.; This is a consent judgment arising from a mutually agreed settlement by the parties named above. Primarily, plaintiff above named, following Board resolution of 01st September, 2021 resolved to institute a suit against all Page 1 of 4 above mentioned defendants claiming payment which was defaulted after he has supplied some school equipment. Found his demand was not responded by the plaint he brought this suit praying for judgment and decree against all defendants on the following; a) Judgment that the defendants pay the plaintiff the sum of Tanzania Shilling Seventeen Million Seven Hundred and twenty Thousand and nine hundred and seventy (Tsh 17,720,970 /=) being outstanding payment after the plaintiff supplied school equipment; b) General damages to the tune of Tsh.5,000,000/= being compensation for the suffering, loss and cost for the whole time of the delay to make payment by the defendants. c) Interest at the courts rate from the date ofjudgment to the date ofpayment In full. d) Costs of the suit. e) Such other and further orders as this honourable court may deem appropriate to grant. A short historical back ground goes like this; plaintiff is a company registered under Companied Act, Cap 212 dealing with business of selling school facilities including books and laboratory equipment. On various dates plaintiff supplied

school facilities to defendants whom, acknowledged recipient but did not settle the debt despite several demands. Plaintiff then Page 2 of 4 decided to share the saga with Mara Regional Commissioner and Musoma District commissioner whom they ordered the defendants to settle acknowledged debt. Defendants refused and or neglect and here they are. Defendants denied the allegation and prayed the suit be dismissed. But in avoidance of further litigation, wastage of time and costs, and in maintenance of peace parties decided to settle amicably as defendant started paying debt and promised to settle the remaining sum. Following that progress parties agree to solve their dispute, the 5th and 9th defendant has settled their debt and remaining 2nd, 3rd, 4th, 6th, 7th and 8th defendants promise to continue to pay the debt to its finality by June 2024 and they have file deed of settlement to day showing that part of the debt is already paid and the rest will be paid up to the agreed date. By deed of settlement, plaintiff waive all of his claims including general damage and costs of the suit and the deed of settlement bind the parties as signed. Ms. Neema Mwaipyana, a State Attorney who represented all defendants informed this court that they have settled and give the above narration. Representative of the plaintiff did not appear today but I find he has signed the deed of settlement. Page

3 of 4 It is among the objective of Judiciary to facilitate and promote litigants to settle their disputes amicably. Since this matter was not adjudicated and the court is informed that parties have agreement on how to settle their dispute, the deed of settlement signed by parties is accepted and the same shall bind each of them and form part of this judgment. Having agreed as stated, Civil Case No. 4 of 2022 is hereby marked withdrawn upon agreed terms as they appear in filed Deed of Settlement. Each part shall bear his own costs. Page 4 of 4