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Tanzania Judgment

TANZLII

emmanuel obedi rite vs regis engineering construction company ltd 2024 tzhcld 23 15 february 2024

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The application is settled as the parties have mutually agreed to the terms of payment and issuance of a certificate of service, which resolves the employment dispute in full.

Court disposition

Application settled by consent

Orders

  • Respondent shall pay TZS 3,000,000 to applicant in a single instalment on 20th March 2024.
  • Applicant shall be issued a certificate of service.

02

Material facts

Parties

Emmanuel Obedi Rite

Applicant Counsel: Kelvin Mundo

Regis Engineering & Construction Company Ltd.

Respondent Counsel: Omega Juaheri

Amounts and remedies

  • Settlement Amount: TZS 3,000,000

03

Procedural history

  1. Posture

    Miscellaneous Application / Consent Judgment

04

Questions and positions

Legal issues

Whether the employment dispute can be settled by consent between the parties

Party arguments

Applicant
The applicant agrees to settle the dispute by accepting payment of TZS 3,000,000 and issuance of a Certificate of Service.
Respondent
The respondent agrees to pay TZS 3,000,000 to the applicant and issue a Certificate of Service as full and final settlement.

05

Court’s reasoning

  1. 01

    General principles of civil procedure

    A court may record a consent judgment when parties mutually agree to settle their dispute.

06

Ratio, limits and disposition

Ratio decidendi

The application is settled as the parties have mutually agreed to the terms of payment and issuance of a certificate of service, which resolves the employment dispute in full.

Court disposition

Application settled by consent

  • Respondent shall pay TZS 3,000,000 to applicant in a single instalment on 20th March 2024.
  • Applicant shall be issued a certificate of service.

Source and reliance status

TANZLII · 15 February 2024

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Judgment reading view

Judgment text

The complete available source text.

Source document

TANZLII

Judgment· 15 February 2024

emmanuel obedi rite vs regis engineering construction company ltd 2024 tzhcld 23 15 february 2024

IN THE HIGH COURT OF TANZANIA

LABOUR DIVISION

AT DAR ES SALAAM MISCELLANEOUS APPLICATION NO. 28524/2023 EMMANUEL OBEDI RITE………………………………………..……….. APPLICANT

VERSUS REGIS ENGINEERING & CONSTRUCTION COMPANY LTD.…... RESPONDENT

CONSENT JUDGMENT When this application was called on for hearing today, Mr. Kelvin Mundo, the personal representative of the applicant informed the court that applicant and respondent have agreed to settle the dispute by the applicant agreeing to be paid Three Million Tanzanian Shillings (TZS 3,000,000/=) only and be issued with a Certificate of Service. He submitted further that the parties have agreed that the said amount will be paid on 20th March 2024. Submissions by Mr. Mundo was confirmed by Mr. Emmanuel Obedi Rite, the Applicant. On the other hand, Mr. Omega Juaheri and Reginald Naiman Chonjo, the advocate and the Managing Director of the respondent respectively confirmed what was 1 submitted on behalf of the applicant that they have agreed to settle this application in the afore stated terms. I have considered submissions by the parties and satisfied that the parties have agreed to settle this application by the applicant agreeing to be paid Three Million Tanzanian Shillings(TZS 3,000,000/=) only as full and final payment in relation to their employment dispute and that the said money will be paid in a single instalment on 20th March 2024 and that applicant will be issued with certificate of service. For the foregoing I hereby mark this application as settled in the following terms:- 1.Respondent shall pay TZS 3,000,000/= to applicant in a single instalment, and 2. Applicant shall be issued certificate of service. It is so ordered. B. E. K. Mganga

JUDGE 15/2/2024 2

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