TANZANI DAGT v R0M consent judgement

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (COMMERCIAL DIVISION) AT ARUSHA COMMERCIAL CASE NO 15018 OF 2024 TANZANIA DAGT COMPANY LIMITED T/A TANZANIA BUSH CAMP……………….…………… PLAINTIFF VERSUS R&M TANZANIA SPECIALIST LIMITED…………….DEFENDANT CONSENT JUDGEMENT Date of last order: 29.10.2024 Date of Judgement: 08.11.2024 AGATHO, J.: This consent judgment stems from deed of settlement dully signed by the Plaintiff and the Defendant which was presented for filing in this court on 31st October, 2024. It is worthwhile to sketch albeit briefly the parties’ relationship and services rendered. The Plaintiff, TANZANIA DAGT COMPANY LIMITED T/A TANZANIA BUSH CAMP and the Defendants, R&M TANZANIA SPECIALIST LIMITED, entered a contractual relationship whereby the Plaintiff provided reservation and accommodation services to the Defendant. 1 During their business relationship, the Plaintiff filed Commercial Case No. 15018 of 2024 before this Court, against the Defendant claiming among other things for the recovery of a total of sum of United States Dollars Seventy-Eight Thousand, Five Hundred and Ten point Zero Four (USD 78,510.04/=), being a claim for the reservation and accommodation sendees to the Defendant Clients. The Plaintiff therefore prayed before the Court for the following Orders; i. The payment of the principal sum of United States Dollars Seventy-Eight Thousand, Five Hundred and Ten point Zero Four (USD 78,510.04/=). ii. Payment of general damages. iii. Interest on decretal amount from the date of filing the case to date of Judgment at Bank’s rate of 12% per annum. iv. Interest on decretal amount from the Judgment till the date of full payment at the Court’s rale of 7% per annum. v. Costs of this suit. vi. Any other further relief(s) as the Court may deem fit and equitable to grant. 2 After having done their negotiations and mediation the Parties successfully reached an amicable settlement of their dispute. And on 31st October, 2024 they filed their deed of settlement in court. They prayed that the deed of settlement be recorded as a decree of the Court capable of being executed in accordance with the laws of the land. The court has gone through the deed of settlement dated 31st October, 2024 and in terms of Order XXIII Rule 3 of the Civil Procedure Code [Cap 33 R.E. 2019], and Rule 2 (2) of the High Court (Commercial Division) Procedure Rules, 2012 as amended in 2019. It is satisfied that the same was mutually consented. In the view of the above, the deed of settlement is hereby recorded and adopted to form part of consent judgment as prayed by the parties on the following orders: 1. That, Parties herein agrees to resume their business relationship tn the original position in which the Defendant warrants to supply Clients to (he Plaintiff and the later agrees to provide reservation and accommodation services to the Defendant Clients at a required standard level. 2. That, in the course of settling this dispute, the Defendant shall repay a total sum of United States Dollars Thirty' Nine Thousand, Two Hundred and Fifty-Five point zero two ((USD 39,255.02/=) to the Plaintiff in twelve (12) equal installments 3 within a period of one (1) year from the date of signing this Deed. 3. That, subject to paragraph 2 above, the Defendant shall be liable to pay the said installments on monthly basis at a total amount of United States Dollars Three Thousand, Two Hundred and Seventy-One point two five (USD3,271.25/=) to the Plaintiff. 4. That, the Defendant herein shall not in any way cease to provide Clients/Customers to the Plaintiff herein during the repayment of the debt specified in paragraph 2. 5. That, the Defendant herein vows to employ all possible efforts to pursue the recover}- of the lost monies that were transferred to the fraudulent account number 7055003528 with ECOBANK, Arusha Branch. 6. That, in the event the monies that were transferred to the fraudulent account are successfully recovered by the Defendant, the Plaintiff shall be entitled to the payment of the remaining sum of United States Dollars Thirty-Nine Thousand, Two Hundred and Fifty- Five point zero two (USD39,255.02/=) and any other pending balance as entitled to the Plaintiff in paragraph 2 herein. 7. That, in the event of default of this Deed by the Defendant herein, the Plaintiff herein reserves the right to execute this Deed by Demanding full payment of the principal sum of United States Dollars Seventy-Eight Thousand, Five Hundred and Ten point Zero Four (USD78,510.04/=) from the Defendant herein. 8. That, this Deed shall be filed in the High Court of Tanzania 4 (Commercial Division) and be certified as a full and final settlement over the dispute between TANZANIA DAGT COMPANY LIMITED T/A TANZANIA BUSH CAMPS and R & M TANZANIA SPECIALIST LIMITED. By this consent decision, therefore, this court hereby declare that parties hereabove have resolved their dispute and this suit is marked settled on the compromise of the parties, as evidenced by the terms agreed under the said deed of settlement. For the reasons aforesaid the deed of settlement signed by the parties and filed in this court constitute the judgment and decree of this court. It is so ordered. DATED at ARUSHA this 8th Day of November 2024. U. J. AGATHO JUDGE 08/11/2024 Court: Judgment delivered by Hon. Elia Mrema, Deputy Registrar, today this 8th November 2024 in the presence of the parties 5 U. J. AGATHO JUDGE 08/11/2024 6