T ELECTRIC SUPPLY CO

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (COMMERCIAL DIVISION) AT PAR ES SALAAM COMMERCIAL CASE NO. 53 OF 2023 TANZANIA ELECTRIC SUPPLY COMPANY LTD.... ....... 1st PLAINTIFF ATTORNEY GENERAL .................................................. 2nd PLAINTIFF VERSUS MASASI FOOD INDUSTRIES COMPANY LIMITED......... DEFENDANT CONSENTJUDGEMENT Date oflast order: 14/03/2024 Date ofjudgement: 22/03/2024 AGATHO, J.: This consent judgement emanates from deed of settlement dully signed by the Defendant and Plaintiffs which was presented for filing in this court on 19th February 2023. The Plaintiffs on 28th April, 2023 under provision of Order XXXV of the Civil Procedure Code [Cap 33 R.E. 2019] filed the instant summary suit praying for Judgment and Decree against the above-named Defendant on the following: i. An order for payment of TZS 114,104,374.28 being principal sum plus interest arising from accumulated electricity bill arears from 01/06/2017 to 20/03/2023. 1 ii. An order for payment of interest at commercial rate of 30% of (i) above from the date of institution of the suit to the date of judgment. iii. An order for payment of interest at court rate of 12% on the decretal sum from the date of judgment to the date of full payment. iv. An order for payment of general damages to be assessed by the court. v. Costs of this suit be borne by the defendant. vi. Any other order(s) that the court may deem fit and just to grant. After being served upon with the Plaint, the Defendant representative appeared in court where he was directed to apply for leave to defend the case. He instead told the court that they are intending to settle the matter. All along the defendant has admitted the claim and went on with the negotiations. It is on record that the Parties went through negotiations for quite some time and eventually they reached a consensus to settle the matter amicably. Therefore, on 14th March 2024 the parties filed in court their deed of settlement. They have successfully reached an amicable settlement of the dispute. They prayed that the deed of settlement be recorded as a decree 2 of the Court capable of being executed in accordance with the laws. The court has gone through the deed of settlement dated 14th March, 2024 and in terms of Order XXIII Rule 3 of the Civil Procedure Code 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: i. That the Defendant herein admits to pay the claim of TZS 57,395,193.85 as the principal amount of the outstanding electricity bill and the 1st Plaintiff waives the accumulated interest to the tune of TZS 56,710,180.93. ii. That the Defendant shall pay the principal amount in (i) above within six Months equal installments to the tune of TZS 9,565,866 each month starting from 31st April 2024. iii. That by executing this deed of settlement, the Plaintiffs herein waives all other claims for interest, general damages and costs arising from the outstanding bill in this suit. 3 iv. That in case the Defendant defaults to pay the first installment or two consecutive installments as per Clause (ii) herein above, the Plaintiffs herein shall be entitled to invoke execution proceedings of the remaining unpaid principal amount together with the waived interest of TZS 56,710,180.93 and accumulated interests thereon. v. That this deed of settlement shall be recorded as a decree of the Court capable of being executed in accordance with the laws of the land. The parties herein have finally executed this Deed of Settlement and desire that the same be recorded as a consent decree of the Court so as to mark the suit finally settled amicably pursuant to the foregoing terms and conditions. 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 constitutes the judgment and decree of this court. 4 Order accordingly. DATED at DAR ES SALAAM this 22nd Day of March 2024. Court: Judgment delivered today, 22nd March 2024 in the presence of Luciana Benedict legal officer of the 1st Plaintiff, and Tenzi Anthony, Advocate for the Defendant. 5