evance mbinga vs abelnego shadrack ngoloka 4 others 2023 tzhc 15953 10 march 2023

evance mbinga vs abelnego shadrack ngoloka 4 others 2023 tzhc 15953 10 march 2023

The Deed of Settlement filed by the parties fulfills the legal requirements for a lawful compromise under Order XXIII Rule 3 of the Civil Procedure Code, and thus the court adopts its terms as the judgment and decree, marking the suit as amicably settled.

Citation
evance mbinga vs abelnego shadrack ngoloka 4 others 2023 tzhc 15953 10 march 2023
Parties
Plaintiff: Evance Mbinga; 1st Defendant: Abelnego Shadrack Ngoloka; 2nd Defendant: Tanzania Ports Authority; 3rd Defendant: The Hon. Attorney General; 4th Defendant: Mayfair Insurance Company Tanzania Limited; 5th Defendant: CRJE (East Africa) Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 March 2023
Procedural Posture
Civil Case / Consent Judgment (deed of Settlement)
Outcome
Suit amicably settled by consent judgment; Deed of Settlement adopted as judgment and decree.
Legal Topics
Settlement, Damages, Personal Injury, Motor Vehicle Accident
Source Language
English
Civil Procedure Insurance Law Tort Law Settlement Damages Personal Injury Motor Vehicle Accident

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Parties

Evance Mbinga

Plaintiff

Abelnego Shadrack Ngoloka

1st Defendant

Tanzania Ports Authority

2nd Defendant

The Hon. Attorney General

3rd Defendant

Mayfair Insurance Company Tanzania Limited

4th Defendant

CRJE (East Africa) Limited

5th Defendant

Procedural Posture

Civil Case / Consent Judgment (deed of Settlement)

Legal Issues

  1. 1 Whether the parties have reached a binding settlement resolving all claims arising from the accident
  2. 2 Whether the Deed of Settlement satisfies the requirements of Order XXIII Rule 3 of the Civil Procedure Code

Ratio Decidendi

The Deed of Settlement filed by the parties fulfills the legal requirements for a lawful compromise under Order XXIII Rule 3 of the Civil Procedure Code, and thus the court adopts its terms as the judgment and decree, marking the suit as amicably settled.

Court Disposition

Suit amicably settled by consent judgment; Deed of Settlement adopted as judgment and decree.

Orders

  • 4th Defendant to pay Plaintiff Tshs 6,000,000 as full and final settlement within 14 days to Plaintiff's advocate's account.
  • Each party to bear their own costs.