engelebert epafras mella vs matolo patrick felician another 2022 tzhccomd 274 9 september 2022

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

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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

  1. 1 Whether the defendants are liable to pay the plaintiff the claimed loan and damages
  2. 2 Whether the plaintiff is entitled to release of title certificates
  3. 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