LUSH GARDEN HOTEL LD

LUSH GARDEN HOTEL LD

The court adopted the deed of settlement as a consent judgment, ordering payment of TZS 1,477,070,000/= by plaintiffs to defendant, release of mortgaged properties upon payment, and waiver of further claims or appeals by all parties.

Citation
LUSH GARDEN HOTEL LD
Parties
1st Plaintiff in Main Suit / 1st Defendant in Counter Claim: Lush Garden Hotel Limited; 2nd Plaintiff in Main Suit / 2nd Defendant in Counter Claim: Sakina Shopping Centre Limited; 1st Defendant in Main Suit / Plaintiff in Counter Claim: NMB Bank PLC; 2nd Defendant in Main Suit: Adili Auction Mart Limited; 3rd Defendant in Counter Claim: Joseph Pascal Mroso; 4th Defendant in Counter Claim: Joseph Bernard Shao
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
23 October 2023
Procedural Posture
Land Case / Consent Judgment
Outcome
Consent judgment entered; dispute settled as per deed of settlement.
Legal Topics
Loan Settlement, Mortgage Discharge, Consent Judgment, Corporate Guarantee, Personal Guarantee
Source Language
English
Banking Land Law Contract Loan Settlement Mortgage Discharge Consent Judgment Corporate Guarantee Personal Guarantee

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Parties

Lush Garden Hotel Limited

1st Plaintiff in Main Suit / 1st Defendant in Counter Claim

Sakina Shopping Centre Limited

2nd Plaintiff in Main Suit / 2nd Defendant in Counter Claim

NMB Bank PLC

1st Defendant in Main Suit / Plaintiff in Counter Claim

Adili Auction Mart Limited

2nd Defendant in Main Suit

Joseph Pascal Mroso

3rd Defendant in Counter Claim

Joseph Bernard Shao

4th Defendant in Counter Claim

Procedural Posture

Land Case / Consent Judgment

Legal Issues

  1. 1 Determination of outstanding loan amount
  2. 2 Enforcement of mortgage and guarantees
  3. 3 Settlement of claims between parties

Ratio Decidendi

The court adopted the deed of settlement as a consent judgment, ordering payment of TZS 1,477,070,000/= by plaintiffs to defendant, release of mortgaged properties upon payment, and waiver of further claims or appeals by all parties.

Court Disposition

Consent judgment entered; dispute settled as per deed of settlement.

Orders

  • Plaintiffs to pay TZS 1,477,070,000/= to defendant in specified installments.
  • Upon full payment, defendant to release and discharge all mortgaged properties and hand over title documents.