a one products and bottlers ltd vs husky injection molding systems ltd and 2 others 2021 tzhc 6910 11 october 2021
The parties consented to settle all claims arising from the supply and purchase of the PET Preform Machine by payment of USD 231,125.00, with mutual release and indemnity, and the settlement order supersedes all prior agreements.
- Citation
- a one products and bottlers ltd vs husky injection molding systems ltd and 2 others 2021 tzhc 6910 11 october 2021
- Parties
- Plaintiff: A One Products and Bottlers Ltd; 1st Defendant: Husky Injection Molding Systems Ltd; 2nd Defendant: Husky Injection Molding Systems S.A; Third Party: Plastic Systems S.P.A (now Pegaso Industries S.P.A)
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 11 October 2021
- Procedural Posture
- Civil / Consent Settlement Order and Decree
- Outcome
- suit amicably settled by consent; decree entered
- Legal Topics
- Settlement, Supply Contract, Indemnity, Release of Claims
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
A One Products and Bottlers Ltd
Plaintiff
Husky Injection Molding Systems Ltd
1st Defendant
Husky Injection Molding Systems S.A
2nd Defendant
Plastic Systems S.P.A (now Pegaso Industries S.P.A)
Third Party
Procedural Posture
Civil / Consent Settlement Order and Decree
Legal Issues
- 1 liability for supply and purchase of PET Preform Machine
- 2 settlement of claims arising from contract
- 3 indemnity obligations among parties
Ratio Decidendi
The parties consented to settle all claims arising from the supply and purchase of the PET Preform Machine by payment of USD 231,125.00, with mutual release and indemnity, and the settlement order supersedes all prior agreements.
Court Disposition
suit amicably settled by consent; decree entered
Orders
- 1st and 2nd defendants to jointly pay plaintiff USD 115,562.50
- third party to pay plaintiff USD 115,562.50
Full Case Text
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