gulf aggreagate t ltd vs china railway contraction engineering group coltd 2021 tzhccomd 3347 1 october 2021

Since the Defendant's failure to pay the claimed amount necessitated the Plaintiff to file suit and incur costs, the Defendant must pay all costs incurred by the Plaintiff, regardless of the amicable settlement reached before trial.

Citation: gulf aggreagate t ltd vs china railway contraction engineering group coltd 2021 tzhccomd 3347 1 october 2021
Parties: Plaintiff: Gulf Aggregate (T) Ltd; Defendant: China Railway Construction Engineering Group Co Ltd
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 1 October 2021
Procedural Posture: Commercial Case / Consent Judgment
Outcome: Suit marked as settled out of Court per Deed of Settlement; Defendant ordered to pay all costs incurred by Plaintiff.
Legal Topics: Costs, Settlement, Payment of Debt
Source Language: English

Civil Procedure Commercial Law Costs Settlement Payment of Debt

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 1

Parties

Gulf Aggregate (T) Ltd

Plaintiff

China Railway Construction Engineering Group Co Ltd

Defendant

Procedural Posture

Commercial Case / Consent Judgment

Legal Issues

1 Whether the Defendant should pay the costs of the suit after amicable settlement of the principal claim

Ratio Decidendi

Court Disposition

Suit marked as settled out of Court per Deed of Settlement; Defendant ordered to pay all costs incurred by Plaintiff.

Orders

Suit settled as per Deed of Settlement executed on 30th June 2021 and filed in Court.
Defendant to pay all costs incurred by Plaintiff, to be taxed accordingly.