a one products and bottlers ltd vs husky injection molding systems ltd and 2 others 2021 tzhc 6910 11 october 2021

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

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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

  1. 1 liability for supply and purchase of PET Preform Machine
  2. 2 settlement of claims arising from contract
  3. 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