CONTRIVE ENGINEERING COMPANY LTD Kafanabo

CONTRIVE ENGINEERING COMPANY LTD Kafanabo

The court found that the deed of settlement filed by the parties met the legal requirements for a consent judgment under Order XXIII Rule 3 of the Civil Procedure Code, and accordingly adopted and recorded the settlement as the judgment of the court, marking the suit as settled on agreed terms.

Citation
CONTRIVE ENGINEERING COMPANY LTD Kafanabo
Parties
Plaintiff: Contrive Engineering Company Limited; 1st Defendant: Musoma District Council; 2nd Defendant: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
30 April 2025
Procedural Posture
Land Case / Consent Judgment
Outcome
suit settled by consent judgment
Legal Topics
Consent Judgment, Deed of Settlement, Breach of Contract, Specific Damages, General Damages
Source Language
English
Civil Procedure Contract Law Consent Judgment Deed of Settlement Breach of Contract Specific Damages General Damages

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Parties

Contrive Engineering Company Limited

Plaintiff

Musoma District Council

1st Defendant

The Attorney General

2nd Defendant

Procedural Posture

Land Case / Consent Judgment

Legal Issues

  1. 1 Whether the parties have reached a valid settlement resolving the plaintiff's claims for payment and damages
  2. 2 Whether the deed of settlement meets the requirements for recording as a consent judgment under Order XXIII Rule 3 of the Civil Procedure Code

Ratio Decidendi

The court found that the deed of settlement filed by the parties met the legal requirements for a consent judgment under Order XXIII Rule 3 of the Civil Procedure Code, and accordingly adopted and recorded the settlement as the judgment of the court, marking the suit as settled on agreed terms.

Court Disposition

suit settled by consent judgment

Orders

  • The 1st Defendant shall pay the Plaintiff TZS 25,000,000.00 in five equal monthly installments as outstanding sum for completion of the Wanyere Water Supply Scheme.
  • The agreed sum shall be paid in five equal monthly installments starting from 30th April 2025 directly to the Plaintiff's specified bank account.