airtel tanzania plc vs smile communications tanzania limited 2021 tzhccomd 3312 10 august 2021
The Deed of Settlement filed by the parties, as amended, conforms to Order 23 Rule 3 of the CPC and constitutes a valid compromise of the suit, which is accordingly marked as settled.
Source-derived case information.
- Citation
- airtel tanzania plc vs smile communications tanzania limited 2021 tzhccomd 3312 10 august 2021
- Parties
- Plaintiff: Airtel Tanzania PLC; Defendant: Smile Communications Tanzania Limited
- Court
- TZHCCOMD
- Jurisdiction
- Tanzania
- Judgment Date
- 10 August 2021
- Procedural Posture
- Commercial Case / Consent Judgment
- Outcome
- suit settled
- Legal Topics
- Settlement, Consent Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Airtel Tanzania PLC
Plaintiff
Smile Communications Tanzania Limited
Defendant
Procedural Posture
Commercial Case / Consent Judgment
Legal Issues
- 1 Whether the Deed of Settlement filed by the parties constitutes a valid compromise of the suit
Ratio Decidendi
The Deed of Settlement filed by the parties, as amended, conforms to Order 23 Rule 3 of the CPC and constitutes a valid compromise of the suit, which is accordingly marked as settled.
Court Disposition
suit settled
Orders
- Deed of Settlement is recorded as a compromise of the entire suit
- Deed of Settlement forms part of the Consent Judgment and Decree
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA (COMMERCIAL DIVISION) AT DAR ES SALAAM COMMERCIAL CASE NO. 64 OF 2021 AIRTEL TANZANIA PLC..... PLAITNIFF/DEFENDANT VERSUS SMILE COMMUNICATIONS TANZANIA LIMITED........................................ .........DEFENDANT Last Order: 09/08/2021 Date of Consent Judgment, 10/08/2021 CONSENT JUDGMENT NANGELA, J.,: This case was filed in this Court on 28th May, 2021. However, after written statement of defence was filed by the Defendant, and before a pre-trial conference got convened, the parties entered into an agreement to have it settled. On 10th August, 2021, a Deed of Settlement duly signed by the parties was filed in Court and, Mr. Yiga Joseph, learned counsel for the Plaintiff, and Ms. Grace Kibaki, learned Advocate for the Defendant, appeared before me. The two advocates representing the parties informed the Court that'the matter should now be marked settled since the parties have filed a "Deed of Settlement" in Court. Page 1 of 2 I have looked at the Deed of Settlement filed in this Court. The parties have further requested me to record it as one that brings the suit to an end. They have also slightly amended page 2 of the Deed by deleting part 'B' which shows that this suit was consolidated with Commercial Case No. 63 of 2021, which was their initial intention. Having looked at "Deed of Settlement" and taking into account the slight amendment to part 'B' of the Deed, I am Convinced that the Deed of Settlement does conform to the requirements of Order 23 Rule 3 of the CPC Cap. 33 R.E. 2019.1 therefore proceed to record the Deed of Settlement as constituting a compromise of the entire suit which is now marked settled on the basis of the terms appearing on the Deed of Settlement filed in this Court. The Deed of Settlement shall hence, therefore, be part and parcel of this Consent Judgment and Decree of the Court. (COMMERCIAL DIVISION) 10th day of August, 2021 Page 2 of 2