WAMI UVU vs

IN THE HIGH COURT OF TANZANIA (DAR ES SALAAM SUB-REGISTRY)

AT DAR ES SALAAM CIVIL CASE NO. 6020 OF 2024 WAMI RUVU BASIN WATER BOARD ………........……...........................1ST PLAINTIFF ATTORNEY GENERAL…………………………………………….…………2ND PLAINTIFF

VERSUS TRIDEA COSMETICS LTD….................................................................... DEFENDANT

CONSENT JUDGEMENT 31st & 31st October 2024 MWANGA. J, This is a consent judgment. It arose from a settlement deed entered and agreed upon between the parties in this suit signed on 7th October 2024. The settlement resulted from a suit filed by the Plaintiff in Court on 20th March 2024 seeking that this Court enter judgment and decree against the Defendant as follows; a For payment of a total sum of TZS 36,258,300/= being amount outstanding and remaining unpaid in respect of water bills; b For payment of interest computed at the rate of 5% per month on the outstanding amount referred to in(a) above, compute from the date of default to the date of Judgement; c For payment of interest on the decretal sum at the Court’s rate from the date of judgment till full satisfaction of the entire decretal sum; d For Costs of this Suit; and e For any other relief(s) the Court may deem fit to grant On the 31st October 2024, the counsels representing parties in this suit informed the court that they had settled the whole dispute amicably, an act which was followed by filing the Deed of Settlement on the date above. When both counsels appeared in court on the date mentioned above, they pleaded for such a Deed of settlement to be reduced into the consent judgment and to form part of the decree of this court. Considering the terms and conditions outlined in the Deed of settlement, the parties, having consented to settle this case, now agree as follows; 1. The Defendant has admitted to be indebted to the Plaintiffs as indicated and stated clearly in the Plaint.

2. As per the Plaint, the indicated debt accrued from water use bills covering June 2022 to January 2024. With the foregoing and the payments made under paragraph 2, the remaining debt is TZS 32,496,100/=.

3. The Defendant has partly made the payments to service the outstanding debt and has so far paid TZS 3,762,200 to cover the bills for July 2022 (TZS 1,350,700), March 2023 (TZS 928,200) and January 2024 (TZS 1,483,300). The Defendant ought to have remained with a debt of TZS 32,496,100/=.

4. Considering that the Financial Year 2023/2024 came to an end on 30 June 2024, and the debt was computed up to January 2024, the Parties agreed to re-compute the debt up to the end of the Financial Year 2023/2024. With the addition of bills for February to June 2024, the debt increased from TZS. 32,496,100/= to TZS. 43,587,700/=.

5. The debt shall be paid in four installments. The first installment shall carry 50% (TZS 21,500,000/=) of the total debt and shall be settled on 12 October 2024. The remaining (TZS 21,500,000/=) shall be paid within three months: 12 November 2024, 12 December 2024, and 09 January 2025. Each installment shall carry an equal or greater sum.

6. The Defendant shall be obligated to ensure that the accrued current bills are also settled while servicing the debt under this paragraph to curb the debt accumulation.

7. The Plaintiff has agreed not to charge the costs for the institution of this matter. Both the Plaintiffs and Defendant have further agreed that: (i) Each Party shall bear its own costs for this Civil Case No. 6020/2024; (ii) Upon executing this Deed of Settlement, no Party shall be allowed to institute a new case pertaining to the same subject matter. (iii) This Deed of Settlement be marked as Judgment of this Honourable Court. (iv) That upon that judgment, a Decree of this Honourable Court is issued. The preceding is entered accordingly to form part of this consent judgment and decree. More occasionally, it has been emphasized in the case of Motor Vessel Sepideh and Another Versus Yusuph Mohamed Yusuph and Two Others, Civil Application No. 237 of 2013 (CAT- Unreported) that where there is a lawful agreement or compromise, the court is bound to record the settlement once the parties reach it. In light of the above preceding, this suit is marked settled to the extent of the consent settlement order reached by the parties per the terms and conditions. Order accordingly. H. R. MWANGA

JUDGE 31/10/2024 COURT: The Consent Judgment was delivered in Chambers this 31st day of October 2024, in the presence of Ms. Noela Makoba, learned Advocate for the Defendant, also holding the brief of Ms. Caroline Lyimo, learned State Attorney for the Plaintiffs. H. R. MWANGA

JUDGE 31/10/2024