emmanuel obedi rite vs regis engineering construction company ltd 2024 tzhcld 23 15 february 2024
- Citation
- emmanuel obedi rite vs regis engineering construction company ltd 2024 tzhcld 23 15 february 2024
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TANZLII
- Decision
- 15 February 2024
- Posture
- Miscellaneous Application / Consent Judgment
- Language
- English
More details
- Court
- TANZLII
- Decision
- 15 February 2024
- Posture
- Miscellaneous Application / Consent Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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 MundoRegis Engineering & Construction Company Ltd.
Respondent Counsel: Omega JuaheriAmounts and remedies
- Settlement Amount: TZS 3,000,000
03
Procedural history
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
Legal principles
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TANZLII
Judgment· 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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