east african cable t ltd vs ramadhani swalehe ta go property consultant and auctioneers co ltd another 2022 tzhccomd 318 3 october 2022

east african cable t ltd vs ramadhani swalehe ta go property consultant and auctioneers co ltd another 2022 tzhccomd 318 3 october 2022

The Deed of Settlement filed by the parties meets the lawful requirements of an enforceable deed; therefore, the court records it as a binding order and marks the case as settled.

Citation
east african cable t ltd vs ramadhani swalehe ta go property consultant and auctioneers co ltd another 2022 tzhccomd 318 3 october 2022
Parties
Applicant: East African Cables (T) Limited; 1st Respondent: Ramadhani Swalehe t/a Go Property Consultant and Auctioneers Co. Ltd; 2nd Respondent: Signal Power & Energy Tanzania Co. Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
3 October 2022
Procedural Posture
Commercial Reference / Consent Judgment Following Settlement
Outcome
Case settled by consent; Deed of Settlement recorded as binding order/decree.
Legal Topics
Deed of Settlement, Taxation of Costs, Consent Judgment
Source Language
English
Civil Procedure Commercial Law Deed of Settlement Taxation of Costs Consent Judgment

Case Brief

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Parties

East African Cables (T) Limited

Applicant

Ramadhani Swalehe t/a Go Property Consultant and Auctioneers Co. Ltd

1st Respondent

Signal Power & Energy Tanzania Co. Ltd

2nd Respondent

Procedural Posture

Commercial Reference / Consent Judgment Following Settlement

Legal Issues

  1. 1 Whether the Deed of Settlement filed by the parties meets the legal requirements for enforceability

Ratio Decidendi

The Deed of Settlement filed by the parties meets the lawful requirements of an enforceable deed; therefore, the court records it as a binding order and marks the case as settled.

Court Disposition

Case settled by consent; Deed of Settlement recorded as binding order/decree.

Orders

  • The Deed of Settlement is recorded as part of the consent decision and forms a binding order/decree of the court.
  • Commercial Reference Case No.15 of 2022 is marked settled at the instance of the parties.