yara t ltd vs angumbwike a msoka 2023 tzhccomd 11 7 february 2023

IN THE HIGH COURT OF THE UNITED REUBLIC OF

TANZANIA (COMMERCIAL DIVISION)

AT DAR ES SALAAM COMMERCIAL CASE NO. 128 OF 2022 YARA TANZANIA LIMITED……........................PLAINTIFF

VERSUS ANGUMBWIKE A . MSOKA…………..……….....DEFENDANT Judgment-Date: 07th February, 2023

CONSENT JUDGEMENT NANGELA, J. This consent judgment arises from a Plaint filed by the Plaintiff on 1st of December 2022 seeking for judgment and decree of this Court against the Defendant as here below: 1. A declaration that the Defendant is in breach of contract for supply of fertilizers between the parties therein; 2. An order for payment of TZS 265,246,542.00 being an outstanding purchase price for fertilizers supplied by the Plaintiff to the Defendant; 3. Interest at the agreed commercial rate of 5% per month from the date when the debt became due to the date of judgement; Page 1 of 3 4. Interest on decretal amount at Court’ rate from the date of judgment to the date of full settlement of the debt; 5. General damages; 6. Costs of this suit. On this February 7, 2023, a date when the matter was scheduled for necessary orders, the parties entered appearance through their respective advocates. In particular, Mr. Reuben Robert and Elizabeth Dominick, learned advocate appeared for the Plaintiff while Mr. Hubert Mligo appeared for the Defendant. Mr. Robert informed this Court that, upon service of the Plaint, the parties engaged and have agreed to have the matter settled amicably. He submitted that, arrangements were made and, out of such arrangements, a Deed of Settlement was preferred and filed in Court on the 6th of February 2023. He consequently urged this Court to register

the said Deed of Settlement and mark this suit “settled by the parties”, in line with the terms contained in their duly signed Deed of Settlement. Mr. Mligo supported Mr. Robert’s submission and requested this Court to register the Deed of Settlement in line with the requirements of Order XXIII Rule 3 of the Civil Procedure Code, Cap.33 R.E 2019. I have had the opportunity of examining the Deed of Settlement filed by the parties in this Court on the 06 th February 2023. Having examined it, I am satisfied that the same meets Page 2 of 3 the lawfulness requirements of an enforceable Deed and falls within the requirements of Order XXIII rule 3 of the Civil Procedure Code, Cap.33 R.E 2019. It means, therefore, that, this present suit has been adjusted wholly by the Deed of Settlement filed by the parties in this Court on 6th of February 2023. With that in mind, this Court proceeds and hereby records the Deed of Settlement as forming part and parcel of the decree of this Court. Having recorded it as such, this suit is marked “settled at the instance of the Parties and on the basis of terms contained in their duly signed Deed of Settlement”, which shall constitute the lawful Decree of this Court. It is so ordered. DATED AT DAR-ES-SALAAM ON THIS 07th DAY OF FEBRUARY 2023 .........................................

DEO JOHN NANGELA

JUDGE Page 3 of 3