karatta ernest do others vs the attorney general 2016 tzca 734 29 january 2016
The Court held that since the parties settled the matter by a Deed of Settlement and the agreed sum was paid, no further certificate could be issued for additional sums. The Court cannot reopen or alter the terms of the settlement, and the appellants' application was without merit.
- Citation
- karatta ernest do others vs the attorney general 2016 tzca 734 29 january 2016
- Parties
- Appellants: KARATTA Ernest D.O and 5 others, and 5598 others; Respondent: The Attorney General
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 29 January 2016
- Procedural Posture
- Civil Appeal / Appeal From High Court Ruling and Order
- Outcome
- Appeal dismissed
- Legal Topics
- Settlement Agreements, Pension and Terminal Benefits, Execution of Judgments
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
KARATTA Ernest D.O and 5 others, and 5598 others
Appellants
The Attorney General
Respondent
Procedural Posture
Civil Appeal / Appeal From High Court Ruling and Order
Legal Issues
- 1 Whether the High Court erred in refusing to issue a certificate for further payment to the appellants under the Deed of Settlement
- 2 Whether the appellants were entitled to additional payments beyond the agreed settlement
Ratio Decidendi
The Court held that since the parties settled the matter by a Deed of Settlement and the agreed sum was paid, no further certificate could be issued for additional sums. The Court cannot reopen or alter the terms of the settlement, and the appellants' application was without merit.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed in its entirety
Full Case Text
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