deep construction ltd another vs reynolds construction co nigeria ltd 2022 tzhccomd 313 30 september 2022

The court found the Deed of Settlement lawful and enforceable under Order XXIII Rule 3 of the Civil Procedure Code, and recorded it as the basis for settling the suit.

Citation: deep construction ltd another vs reynolds construction co nigeria ltd 2022 tzhccomd 313 30 september 2022
Parties: Plaintiff: Deep Construction Ltd; Plaintiff: Deniko Construction Ltd; Defendant: Reynolds Construction Co. (Nigeria) Ltd
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 30 September 2022
Procedural Posture: Commercial Case / Consent Judgment
Outcome: Suit settled by consent of the parties on the basis of the Deed of Settlement, which constitutes the decree of the court.
Legal Topics: Breach of Contract, Settlement, Subcontract Termination
Source Language: English

Contract Law Commercial Law Breach of Contract Settlement Subcontract Termination

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Parties

Deep Construction Ltd

Plaintiff

Deniko Construction Ltd

Plaintiff

Reynolds Construction Co. (Nigeria) Ltd

Defendant

Procedural Posture

Commercial Case / Consent Judgment

Legal Issues

1 Whether the defendant fundamentally breached the sub-contract
2 Whether the notice of termination was unlawful
3 Entitlement to specific and general damages

Ratio Decidendi

The court found the Deed of Settlement lawful and enforceable under Order XXIII Rule 3 of the Civil Procedure Code, and recorded it as the basis for settling the suit.

Court Disposition

Suit settled by consent of the parties on the basis of the Deed of Settlement, which constitutes the decree of the court.

Orders

Deed of Settlement recorded as part of the consent judgment
Suit marked settled at the consent of the parties