andrew bollon dull vs samson malyatabu 2023 tzhc 22876 21 november 2023

The court entered a consent judgment based on the parties' unequivocal agreement to settle the dispute on specified terms, making the settlement the decree of the court.

Citation: andrew bollon dull vs samson malyatabu 2023 tzhc 22876 21 november 2023
Parties: Appellant: Andrew Bollon Dull; Respondent: Samson Malyatabu
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 21 November 2023
Procedural Posture: Civil Appeal / Consent Judgment Before Hearing
Outcome: Appeal withdrawn by consent; consent judgment entered
Legal Topics: Consent Judgment, Settlement, Extension of Time, Right to Be Heard
Source Language: English

Civil Procedure Consent Judgment Settlement Extension of Time Right to Be Heard

Case Brief

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Parties

Andrew Bollon Dull

Appellant

Samson Malyatabu

Respondent

Procedural Posture

Civil Appeal / Consent Judgment Before Hearing

Legal Issues

1 Whether the appellant's right to be heard was breached
2 Whether the District Court erred in analysis of evidence
3 Whether the District Court entertained a matter involving a wrong party

Ratio Decidendi

The court entered a consent judgment based on the parties' unequivocal agreement to settle the dispute on specified terms, making the settlement the decree of the court.

Court Disposition

Appeal withdrawn by consent; consent judgment entered

Orders

Appellant to withdraw Civil Appeal No. 27 of 2023
Appellant to pay respondent Tshs. 30,000,000 as compensation