sme impact fund cv vs mwaminifu investment co ltd another 2022 tzhccomd 169 8 june 2022

IN THE HIGH COURT OF THE UNITED REUBLIC OF TANZANIA (COMMERCIAL DIVISION) AT MWANZA COMMERCIAL CASE NO. 1 OF 2022 SME IMPACT FUND CV, PLAINTIFF VERSUS MWAMINIFU INVESTMENT COMPANY LTD...Ofc.DEF DOMICIAN FELICIAN RWEKIZA Last order: 07th JUNE, 2022 Judgment: 08™ JUNE, 2022 NANGELA, J. This cons- jary 20 In the Plaint, the Plaintiff e of the Court against the Defe ally as here below: penalties as at 13th December 2021. 2. That an order of Attachment and Sale of the Properties on Plot Number 198 Block B R Nyatukala Sengerema and Plot Number 261 Block "W" Bukala Industrial Area, Page 1 of 4 Sengerema, be made by this Court. 3. That, the Defendants be ordered to pay to the Plaintiff interest accrued from the principal amount at a rate of 7% interest on the outstanding sum from 13th December 2021 up to date '' of Judgment. 4. That, the Defendants be order^^^^ pay the Plaintiff intere^on the^ decretal amount at the^^rt's rate from the ^^^Mudgrri^. 1 On the 2fiB FAuary^^^tth^Kfendants filed a joint written statewl|j|pf some t*ie averments in the P^^^^disp^^ otHMcind calling the Plaintiff to strict proo^^reoArhe ma^^went through to the first pre-trial ^^fgf^n^^^^^^Cfjadon. Unfortunately mediation failed, p Howev^^s^^ suit was progressing towards a final pre-trial ^onferenc^ the parties became wiser and engaged in On the 08th day of June 2022, a date when the matter was fixed for a final pre-trial conference, the parties filed their Deed of Settlement under Order XXIII Rule 3 of the Civil Procedure Code, Cap.33 R.E 2019, detailing how the parties have agreed to settle their differences amicably. Page 2 of 4 Appearing before the Court on the material date, was Mr Geoffrey Kange, learned advocate, who appeared for the Defendants and was also holding brief for Mr. Davis Muzahura, learned Advocate, for the Plaintiff. In court as well were Mr Jovitus Rutakinikwa, a Risk Manager of the Plaintiff and Mr Domician Felician Rweikiza, the second Defendantgpd who also serves as the Director of the 1st Defendant. , ♦k was requesting that, it be registj and Decree of this Court in accc Procedure Code, Cap satisfied whether the! suit in whole jjkule 3 provides as follows: here 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." Page 3 of 4 I am also reminded of the decision of the Court of Appeal in the case of Motor Vessel Sepideh and Another vs. Yusuf Mohamed Yussuf and two Others (Civil Application No.237 of 2013) (unreported) where the Court stated that: "where there is a lawful agreement or compromise the court is bound to record a settlement once it is arrived at by the parties." ^9, that it has complied with the requiremellhpf trf foes and parcel of this Cort as well as its decree. 9 The instance of the wrties^nd imjicordance with their agreed terms A set out in the Deed of Settlement Mb th exec |is Court on this 08 day of June AT MWANZA ON THIS 08™ DAY OF JUNE 2022