vaguard t ltd vs oasis health international ltd 2022 tzhccomd 182 8 july 2022

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (COMMERCIAL DIVISION) AT DAR ES SALAAM COMMERCIAL CASE NO. 04 OF 2022 VAGUARD (T) LIMITED.................................. PLAINTIFF VERSUS OASIS HEALTH INTERNATIONAL LTD ...... DEFENDANT Last order: 15th June, 2022 Judgment: 08th July, 2022 \ CONSENT JUDGEMENT NAN GE LA, J., : The Plaintiff in this suit sued the Defendant seeking for // / judgment and Decree as follows: ... 1. An Order of immediate payment - -,of a total sum of TZS 88,008,851.60 being the ....................... purchase price of the goods sold . and supplied to the Defendant. ■ - 2. An Order of immediate payment of a total sum of TZS 50,000,000/= being punitive damages, for occasioning loss of business to the Plaintiff. 3. An Order for payment of interest at the rate of 7% on the principle purchase price of the goods from Page 1 of 3 the date of default to the date of this Court's Judgment. 4. An Order for payment of interest at the rate of 12% per annum of the decretal sum from the date of the Court's Judgment to the date of full satisfaction of the Court's decretal sum. 5. An Order for payment of Costs of . this suit to the Plaintiff and the , K Plaintiff's advocates. ' ' ' 6. Any other relief(s) that^his Court v deems fit and-just to grant. In terms of representation, Mr. Denise Tumaini and Ms Geraldina Paul, learned advocates, represented the Plaintiff while learned Advocate Mr MosesJMwitete appeared for the Defendant. On the day when the parties appeared for a final pre-trial conference, they expressed their willingness to have the matter settled amicably. They prayed, therefore, for time to engage out of Court and, once agreed, they were to file a Deed of Settlement.!? granted their prayer and scheduled the matter for necessary orders on 15th June 2022. On the material date, however, this Court was informed that, the parties were still finalizing their settlement discussions and asked for additional time. I granted them additional time and the matter was set for orders on the 8th July 2022. On the 23rd June 2022 they managed to conclude their settlement Page 2 of 3 discussions and a Deed of Settlement was subsequently filed in this Court. On the 08th day of July 2022, Ms Geraldina Paul appeared for the Plaintiff and requested this Court to record the Deed of Settlement as forming the Judgment and Decree of the Court. Mr Mwitete who appeared in Court for the Defendant supported her prayer. I have looked at the Deed of Settlement which was Af­ filed by the Parties and which this Court has bden requested to record as forming the Judgment and Decree of the Court/1 am indeed satisfied that the parties have'wholly .compromised their suit and, in terms of Order XXIII Rule 3^of the Civil Procedure Code, Cap.33 R.E 2019, this Court proceeds to register the Deed of Settlement as forming part and parcel of this Consent t'l - ' \ x , •' Judgment. Z \ ' In view of the; above, it is hereby declared that, the parties have wholly settled their dispute on the basis of the terms and conditions agreed in their Deed of Settlement which forms part and parcel of the Judgment and Decree of this ’ y IS Court, x It is so ordered. DATED at DAR-ES-SALAAM, ON THIS 8th DAY OF JULY 2022