east africa mines ltd vs elia kapula others 2004 tzhccomd 25 23 march 2004
The court accepted the settlement between the plaintiff and the specified defendants and granted leave to withdraw the suit against the remaining defendants with liberty to refile, as provided by the Civil Procedure Code.
Source-derived case information.
- Citation
- east africa mines ltd vs elia kapula others 2004 tzhccomd 25 23 march 2004
- Parties
- Applicant: East Africa Mines Limited; Defendant: Elias Kapula; Defendant: Maganga Masugule; Defendant: 32 Others
- Court
- TZHCCOMD
- Jurisdiction
- Tanzania
- Judgment Date
- 23 March 2004
- Procedural Posture
- Commercial Case / Settlement/withdrawal Order
- Outcome
- Partially settled and partially withdrawn with liberty to refile
- Legal Topics
- Settlement, Withdrawal of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
East Africa Mines Limited
Applicant
Elias Kapula
Defendant
Maganga Masugule
Defendant
32 Others
Defendant
Procedural Posture
Commercial Case / Settlement/withdrawal Order
Legal Issues
- 1 Whether the settlement between the plaintiff and certain defendants should be recorded as an order
- 2 Whether the plaintiff should be granted leave to withdraw the suit against the remaining defendants with liberty to refile
Ratio Decidendi
The court accepted the settlement between the plaintiff and the specified defendants and granted leave to withdraw the suit against the remaining defendants with liberty to refile, as provided by the Civil Procedure Code.
Court Disposition
Partially settled and partially withdrawn with liberty to refile
Orders
- Suit marked settled as between the plaintiff and the 1st, 2nd, 3rd, 4th, and 23rd defendants
- Plaintiff granted leave to withdraw the suit against the rest of the defendants under Order XXIII (2)(b) of the Civil Procedure Code 1966 with liberty to file a fresh suit if need arises
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. 66 OF 2003 EAST AFRICA MINES LIMITED.......... APPLICANT VERSUS ELIAS KAPULA, MAGANGA MASUGULE AND 32 OTHERS................................... DEFENDANTS 23.03.2004 Coram: Hon. N.P.Kimaro, J. For the Plaintiff - Dr. Nguluma. For the Defendants - Dr. Nguluma/Mr.Rutenge. CC: Ngonyani. Dr, Nguluma: we have reached a settlement and we have filed a settlement in court. All the defendants represented by Mr. Rutenge save for the 12th defendant have signed the settlement. I pray that the settlement order be recorded as against the 1st, 2nd, 3rd, 4th and' 23rd defendants. As regards the 12th and the rest of the defendants we have a different prayer. As for these defendants we pray to withdraw the suit against them under order xxili (2)(b) of the Civil Procedure Code with leave to file at a future date if need will arise. Order: The suit is marked settled as between the plaintiff and the 1st, 2nd, 3rd, 4th and 23rd defendants. The plaintiff is also granted leave to withdrawal the suit against the rest of the defendants under Order XXIII (2) (b) of the Civil Procedure Code 1966 with liberty to file a fresh suit if need arises. N.P. KIMARO JUDGE 23/03/2004 305- words 2