yara tanzania ltd vs vitus longinus mgaya 2023 tzhccomd 87 27 march 2023

IN THE HIGH COURT OF UNITED REPUBLIC OF THE TANZANIA (COMMERCIAL DIVISION) AT DAR-ES-SALAAM COMMERCIAL CASE NO. 129 OF 2022 YARA TANZANIA LIMITED…………......................................PLAINTIFF VERSUS VITUS LONGINUS MGAYA ……….................................. DEFENDANT CONSENT JUDGEMENT Last order: 27th February 2023 Judgement: 27th February 2023 NANGELA, J., The Plaintiff herein filed this suit praying for Judgement and Decree against the Defendants as follows: 1. A declaration that the Defendant is in breach of the contract for supply of fertilizers between the parties herein. 2. An order for payment of TZS 138,358,500 being an outstanding purchase price for fertilizers supplied by the Plaintiff to the Defendant; 3. Payment of interest at the 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 the decretal amount at Court’s rate from the date of judgment to the date of full satisfaction. 5. General damages. 6. Costs of this suit. 7. Any other relief as the Court may deem fit to grant. On the 10th January 2023, the Defendant herein filed a written statement of defense, and, on the 14th day of February 2023 the Plaintiff filed a reply. The matter was set for a 1st Pre-trial Conference on the 28th February 2023. When the parties appeared before me on the material date, the Plaintiff enjoyed the legal services of Mr. Reuben Robert, learned Advocate while Ms. Ela Tupa and Mr. Evans Lazaro, learned Advocates represented the Defendant. On the material date, this Court was informed that, the Parties have exercised their wisdom and engaged in fruitful discussions to have the suit settled amicably. They informed this Court that, once such discussions are done, the parties will file their Deed of Settlement in this Court and prayed that, the same be recorded as forming the Judgment and Decree of the Court. This Court welcomed the submissions and on the very same date, i.e., the 28th day of February 2023, the parties inked and filed a Deed of Settlement in this Court. I have taken time to examine the Deed of Settlement filed in this Court. Having examined the said Deed, I am satisfied that the same meets the lawfulness requirements of an enforceable Deed and falls within Order XXIII rule 3 of the Civil Procedure Code, Cap.33 R.E 2019. It means, therefore, that the Page 2 of 3 suit has been adjusted wholly by the Deed of Settlement filed in this Court on 28th of February 2023. With that in mind, this Court hereby proceeds and records the Deed of Settlement. The suit is, therefore, marked “settled” at the consent of the parties, and, on the basis of terms contained in their duly signed Deed of Settlement, which Deed of Settlement shall constitute “the Decree of this Court”. It is so ordered. DATED AT DAR-ES-SALAAM ON THIS 3RD DAY OF MARCH 2023 ................................... DEO JOHN NANGELA JUDGE Page 3 of 3