engelebert epafras mella vs matolo patrick felician another 2022 tzhccomd 274 9 september 2022
The deed of settlement entered by the parties constitutes a valid compromise and is binding as a court decree, marking the dispute as settled.
- Citation
- engelebert epafras mella vs matolo patrick felician another 2022 tzhccomd 274 9 september 2022
- Parties
- Plaintiff: Engelebert Epafras Mella; 1st Defendant: Matolo Patrick Felician; 2nd Defendant: Jovin Robert Manyama
- Court
- TZHCCOMD
- Jurisdiction
- Tanzania
- Judgment Date
- 9 September 2022
- Procedural Posture
- Commercial Case / Consent Judgment Following Settlement
- Outcome
- dispute marked settled by consent judgment
- Legal Topics
- Loan Recovery, Settlement, Breach of Contract
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Engelebert Epafras Mella
Plaintiff
Matolo Patrick Felician
1st Defendant
Jovin Robert Manyama
2nd Defendant
Procedural Posture
Commercial Case / Consent Judgment Following Settlement
Legal Issues
- 1 Whether the defendants are liable to pay the plaintiff the claimed loan and damages
- 2 Whether the plaintiff is entitled to release of title certificates
- 3 Whether the settlement agreement is valid and enforceable
Ratio Decidendi
The deed of settlement entered by the parties constitutes a valid compromise and is binding as a court decree, marking the dispute as settled.
Court Disposition
dispute marked settled by consent judgment
Orders
- Deed of settlement constitutes part and parcel of the consent judgment and court decree
- 1st defendant to pay plaintiff TZS 160,000,000 in installments as per schedule
Full Case Text
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