hussein abdi haji vs rajnikant chandulal keshavji vora 2 others 2022 tzhccomd 354 14 november 2022

hussein abdi haji vs rajnikant chandulal keshavji vora 2 others 2022 tzhccomd 354 14 november 2022

The court found the deed of settlement to be duly signed by all parties, lawful, and in consonance with the law. Accordingly, it was adopted as a consent judgment and decree, settling the matter as per the agreed terms.

Citation
hussein abdi haji vs rajnikant chandulal keshavji vora 2 others 2022 tzhccomd 354 14 november 2022
Parties
Plaintiff: Hussein Abdi Haji; 1st Defendant: Rajnikant Chandulal Keshavji Vora; 2nd Defendant: Muzaffer Essajee; 3rd Defendant: RAD Holdings Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
14 November 2022
Procedural Posture
Commercial Case / Consent Judgment
Outcome
Suit settled by consent judgment.
Legal Topics
Settlement, Consent Judgment, Deed of Settlement, Enforcement of Settlement
Source Language
English
Civil Procedure Commercial Law Settlement Consent Judgment Deed of Settlement Enforcement of Settlement

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Parties

Hussein Abdi Haji

Plaintiff

Rajnikant Chandulal Keshavji Vora

1st Defendant

Muzaffer Essajee

2nd Defendant

RAD Holdings Limited

3rd Defendant

Procedural Posture

Commercial Case / Consent Judgment

Legal Issues

  1. 1 Whether the deed of settlement filed by the parties is lawful and should be adopted as a consent judgment
  2. 2 Whether the terms of the settlement deed are in accordance with the law

Ratio Decidendi

The court found the deed of settlement to be duly signed by all parties, lawful, and in consonance with the law. Accordingly, it was adopted as a consent judgment and decree, settling the matter as per the agreed terms.

Court Disposition

Suit settled by consent judgment.

Orders

  • The 3rd defendant, on behalf of all defendants, shall pay the plaintiff USD 10,000 in three instalments: USD 5,000 by the 1st defendant within two weeks, USD 2,500 by the 3rd defendant within one month of the first payment, and USD 2,500 by the 3rd defendant within one month of the second payment.
  • Plaintiff shall not file any further suit against the defendants regarding the same or related subject matter, and defendants shall not file any similar suit against the plaintiff.