national printing company limited vs patrick b nyundo 2 others 2023 tzhclandd 16946 27 september 2023

national printing company limited vs patrick b nyundo 2 others 2023 tzhclandd 16946 27 september 2023

The parties reached a comprehensive settlement, acknowledged the sale and transfer of the suit property to the 3rd defendant for full consideration, and agreed to withdraw all other claims and objections. The court adopted the deed of settlement as the judgment and decree, confirming the 3rd defendant as lawful owner and extinguishing all other claims.

Citation
national printing company limited vs patrick b nyundo 2 others 2023 tzhclandd 16946 27 september 2023
Parties
Plaintiff: National Printing Company Limited; 1st Defendant: Patrick B. Nyundo; 2nd Defendant: Pastory Kyombya; 3rd Defendant: Superdoll Trailer Manufacture Co. (T) Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
27 September 2023
Procedural Posture
Land Case / Consent Judgment at Trial Court
Outcome
Suit settled by consent judgment; deed of settlement adopted as decree.
Legal Topics
Consent Judgment, Sale of Land, Title Transfer, Settlement, Bonafide Purchaser, Withdrawal of Objections
Source Language
English
Land Law Civil Procedure Consent Judgment Sale of Land Title Transfer Settlement Bonafide Purchaser Withdrawal of Objections

Case Brief

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Parties

National Printing Company Limited

Plaintiff

Patrick B. Nyundo

1st Defendant

Pastory Kyombya

2nd Defendant

Superdoll Trailer Manufacture Co. (T) Ltd

3rd Defendant

Procedural Posture

Land Case / Consent Judgment at Trial Court

Legal Issues

  1. 1 Whether the sale agreement between the plaintiff and 3rd defendant is valid
  2. 2 Whether the 3rd defendant is the lawful owner of the suit land
  3. 3 Whether the plaintiff is entitled to the reliefs claimed including damages and injunction

Ratio Decidendi

The parties reached a comprehensive settlement, acknowledged the sale and transfer of the suit property to the 3rd defendant for full consideration, and agreed to withdraw all other claims and objections. The court adopted the deed of settlement as the judgment and decree, confirming the 3rd defendant as lawful owner and extinguishing all other claims.

Court Disposition

Suit settled by consent judgment; deed of settlement adopted as decree.

Orders

  • Plaintiff's name amended to 'National Printing Company Limited'.
  • All preliminary objections withdrawn; each party to bear own costs.