VSR v AGL consent judgement 1

IN THE HIGH COURT OF TANZANIA (COMMERCIAL DIVISION) AT DAR ES SALAAM COMMERCIAL CASE NO. 18929 OF 2024 VSR COMPANY LIMITED ……………………...………. PLAINTIFF VERSUS AFRICAN GLOBAL LOGISTICS TANZANIA LIMITED...DEFENDANT CONSENT JUDGEMENT Date of last order: 30.10.2024 Date of Judgement: 01.11.2024 AGATHO, J.: This consent judgement emanates 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 briefly state parties’ relationship and services rendered. The Plaintiff, VSR COMPANY LIMITED, and the Defendant, AFRICAN GLOBAL LOGISTICS TANZANIA LIMITED herein AGL, entered a contractual relationship whereby VSR was engaged to provide transportation services for AGL’s containerized goods from the port of Dar es Salaam to various destinations within and outside Tanzania. 1 During their business relationship VSR, the Plaintiff filed Commercial Case No. 18929 of 2024 before this Court, against AGL, the Defendant claiming payment for outstanding invoices and other costs related to the services rendered to AGL. The latter filed her defence disputing VSR claims. Following negotiations between the parties, both AGL and VSR have agreed to resolve the matter amicably. As part of the settlement, AGL has agreed to pay VSR the total sum of USD 145,000, and VSR has accepted this offer in full and final settlement of the dispute. The Deed of Settlement formalizes the parties' agreement to resolve Commercial Case No. 18929 of 2024 and sets out the terms for payment and compromise of the suit. As indicated above, 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 2 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. Payment of the Settlement Amount The Defendant, AGL, agrees to pay the Plaintiff, VSR, the total sum of USD 145,000 (One Hundred Forty-Five Thousand United States Dollars) in full and final settlement of all claims and disputes arising out of or related to the services rendered by VSR. 2. Payment Date and Method AGL shall make the payment of USD 145,000 on or before the 5th of November 2024. Payment shall be made via bank transfer to the following account provided by VSR: Bank Name: CRDB BANK PLC Account Name: VSR CO LTD Account Number (USD): 02J1005555300 SWIFT Code: CORU TZTZ 3. Registration of the Settlement Deed as a Decree of the Court The agreement shall be registered in Court as a Consent Decree in compromise of the suit in terms of Order XXIII Rule 3 of the Civil Procedure Code Cap 33 R.E 2019. 4. Full and Final Settlement 3 This payment shall constitute full and final settlement of all claims, costs of the suit, and interests arising from the services rendered by VSR to AGL, and neither party shall pursue any further claims or demands in respect of this matter. 5. Event of Default In the event of failure by AGL to pay the settlement amount within the agreed time. VSR shall be at liberty to execute the decree in the manner provided and or permitted by law. 6. Confidentiality The parties agree that the terms of this Deed of Settlement shall remain confidential and shall not be disclosed to any third party, except where disclosure is required by law or agreed upon in writing by both parties. 7. No Admission of Liability The parties acknowledge that this settlement is entered into without any admission of liability by either party. The terms herein are agreed upon solely to bring the dispute to a mutually acceptable resolution. 8. Governing Law and Jurisdiction This Deed shall be governed by and construed in accordance with the laws of the United Republic of Tanzania. Any disputes arising from this Deed shall be subject to the exclusive jurisdiction of the courts of Tanzania. 9. Entire Agreement 4 This Deed constitutes the entire agreement between the parties concerning the settlement of the claim, and it supersedes all prior agreements, understandings, or representations, whether oral or written. 10. Amendments and Waivers No modification, amendment, or waiver of any provision of this Deed shall be valid unless made in writing and signed by both parties. The failure of either party to enforce any provision of this Deed shall not be deemed a waiver of that provision or any other provision. 11. Execution in Counterparts This Deed may be executed in counterparts, and each counterpart shall be deemed an original, but all counterparts together shall constitute one and the same agreement. 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. 5 DATED at DAR ES SALAAM this 1st Day of November 2024. U. J. AGATHO JUDGE 01/11/2024 Court: Judgment delivered today, this 1st November 2024 in the presence of Victor Mgawe, the counsel for the Plaintiff and Idrissa Juma, the counsel for the Defendant. U. J. AGATHO JUDGE 01/11/2024 6