vodacom tanzania public limited company vs 247 communication limited 2021 tzhccomd 3394 5 november 2021

IN THE HIGH COURT OF THE UNITED REPUBLIC OF

TANZANIA (COMMERCIAL DIVISION)

AT DAR ES SALAAM COMMERCIAL CASE NO. 37 OF 2021

VODACOM TANZANIA PUBLIC LIMITED COMPANY........................................... PLAINTIFF

VERSUS 247 COMMUNICATION LIMITED DEFENDANT Last Order: 29/10/2021 Judgment: 05/11/2021

CONSENT JUDGMENT This suit was brought to<the^ attention of this court following a plaint filed by^tfie Plaintiff on 23rd March, 2020. TheyPlaihtiff prays for judgment and decree against the Defendantsa^follows: \\ (a) J Payment of TZS 95,275,596.88 being the outstanding amount of taxes paid by the Plaintiff on behalf of the Defendant. (b) Commercial interest at the Bank of Tanzania lending rate as applicable from the date of default which was 5th October 2020 to the date of Judgment Page 1 of 5 Interest of the decretal sum at the Court's rate at 7% per annum from the date of default judgment to the date of full payment; and (d) Costs of this suit. (e) Any other or futher reliefs as the Honourable Court will deem just to grant. When this case was called on for Mention on the 29th October, 2021, Ms Natasha Mukangara'and Pascal A vX Mwanyika legal counsels represeht^d^th'&Praintiff while the Defendant enjoyed thelSgal^eiXe of Mr. Noel X?XxXz Sanga, learned advocated- ( /X x When Ms^l^as^seized the moments to address the Court,^shexinforrried this Court that the parties have manage'd^to negotiate a settlement out of Court and a Deeq^fS^tfement was already filed in Court. In view of that, she prayed that the same be recorded as forming the judgment and decree of this Court. I have gone through the Deed of Settlement executed by the two parties and filed in this Court. The same was

made and filed under Order XXIII Rule 3 of the Civil Procedure Code, Cap 33 R.E 2019. Page 2 of 5 Order XXIII Rule 3 of the Civil Procedure Code, Cap.33. R.E, 2019 provides as follows: "Where it is proved to the satisfaction of the court that a suit has been adjusted wholly or in part by any lawful agreement or compromise, or where the defendant satisfies the plaintiff^in respect of the whole or any partxpf the subject matter of the^uit, the court shall order sujjh^agree^Fent^ compromise or satisfaction^ recorded, and^hall^passrar^ecree in accordance merewith\so far as it \\ V relates'to the suit.\\_Z As the above^orovi^^ provides, once a Deed of Settlemen^Ke^ered^Td'Yiled in Court, the Court must be satisfied tr^Titss^a lawful Deed and it does, indeed, adjuCt the^suit 'either wholly or partially and, thereafter, the Court shall record it, thereby passing a decree in accordance therewith, and so far as it relates to the suit. According to Mulla, the Code of Civil Procedure Act of 1908 (14th Edition), on page 1828: "The rule gives a mandate to, the Court to record a lawful adjustment Page 3 of 5 or compromise and pass, a decree in terms of such compromise or adjustment. Such a consent decree is not appealable....When the agreement relates to the whole suit, the Court on being invited by the parties, record the agreement, and pass a decree in accordance with the agreement and the

suit stops there." It was also the emphasis of the; Court of^ppeal of Tanzania in the case of Motoryessel Sepicieh and V' Another vs. Yusuf Molwfned^Yussuf and two Others (Civil Application No>237 of/2013) (Unreported) that: y^^where^there is a lawful agreement N^fccompromise the court is bound to a record a settlement arrived at by the parties." once I have examined the Deed of Settlement which it seeks to settle the whole suit. I am satisfied as to its is lawfulness and effect of settling the whole suit once and for all. In view of the above, the same is hereby registered and shall form part and parcel of this Consent Judgment of the Court, as well as its decree. Page 4 of 5 The present suit, therefore, is marked settled at the instance of the parties' terms and conditions set out in their Deed of Settlement executed and filed in this Court on the 29th October 2021. It is so ordered DATED AT DAR-ES-SALAAM ON THIS DAY 05th OF NOVEMBER 2021 Page 5 of 5