canocity limited v sky developers limited 2 others 2022 tzhccomd 47 17 march 2022

canocity limited v sky developers limited 2 others 2022 tzhccomd 47 17 march 2022

The court is satisfied that the Deed of Settlement lawfully settles the entire suit and, in accordance with Order XXIII Rule 3 of the Civil Procedure Code, records the settlement and orders a decree as per the terms agreed by the parties.

Citation
canocity limited v sky developers limited 2 others 2022 tzhccomd 47 17 march 2022
Parties
Plaintiff: Conacity Limited; 1st Defendant: Sky Developers Limited; 2nd Defendant: Dr. Onesmo Michael Kyauke, Receiver of the Mortgaged Property; 3rd Defendant: I and M Bank (T) Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
17 March 2022
Procedural Posture
Commercial Case / Consent Judgment
Outcome
Suit settled out of court by consent; decree to be issued as per Deed of Settlement.
Legal Topics
Breach of Lease, Settlement, Injunction, Damages
Source Language
English
Contract Law Civil Procedure Breach of Lease Settlement Injunction Damages

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Parties

Conacity Limited

Plaintiff

Sky Developers Limited

1st Defendant

Dr. Onesmo Michael Kyauke, Receiver of the Mortgaged Property

2nd Defendant

I and M Bank (T) Limited

3rd Defendant

Procedural Posture

Commercial Case / Consent Judgment

Legal Issues

  1. 1 Whether the defendants breached the Sub Lease Agreement and its addendum
  2. 2 Whether the plaintiff is entitled to declarations, injunction, refund, damages, and costs
  3. 3 Whether the Deed of Settlement lawfully settles the dispute

Ratio Decidendi

The court is satisfied that the Deed of Settlement lawfully settles the entire suit and, in accordance with Order XXIII Rule 3 of the Civil Procedure Code, records the settlement and orders a decree as per the terms agreed by the parties.

Court Disposition

Suit settled out of court by consent; decree to be issued as per Deed of Settlement.

Orders

  • Suit settled in terms and conditions of the Deed of Settlement filed on 16th March, 2022 under Order XXIII Rule 3 of the Civil Procedure Code [Cap 33 R.E. 2019]
  • Decree to be issued accordingly