new life hardware co vs shandong locheng exporting co ltd 2 others 2022 tzhccomd 343 4 november 2022

The suit was wholly settled by a lawful Deed of Settlement signed by the parties and filed in court, which meets the requirements of Order XXIII rule 3 of the Civil Procedure Code.

Citation: new life hardware co vs shandong locheng exporting co ltd 2 others 2022 tzhccomd 343 4 november 2022
Parties: Plaintiff: New Life Hardware Company; 1st Defendant: Shandong Locheng Exporting Co. Ltd; 2nd Defendant: Taishan Technology Limited; 3rd Defendant: Crysor Company Limited
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 4 November 2022
Procedural Posture: Commercial Case / Consent Judgment
Outcome: Suit settled by consent of the parties; Deed of Settlement recorded as judgment and decree.
Legal Topics: Settlement, Contract, Title to Goods, Damages
Source Language: English

Commercial Law Settlement Contract Title to Goods Damages

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Parties

New Life Hardware Company

Plaintiff

Shandong Locheng Exporting Co. Ltd

1st Defendant

Taishan Technology Limited

2nd Defendant

Crysor Company Limited

3rd Defendant

Procedural Posture

Commercial Case / Consent Judgment

Legal Issues

1 Whether the transfer of sixteen containers of steel coils to the 1st Defendant was effective
2 Whether the Plaintiff is entitled to return of goods or refund
3 Whether the Plaintiff is entitled to general damages

Ratio Decidendi

The suit was wholly settled by a lawful Deed of Settlement signed by the parties and filed in court, which meets the requirements of Order XXIII rule 3 of the Civil Procedure Code.

Court Disposition

Suit settled by consent of the parties; Deed of Settlement recorded as judgment and decree.

Orders

Deed of Settlement filed on 31st October 2022 is recorded as part of the Consent Judgment and Decree.
Suit marked settled at the consent of the parties on the basis of the Deed of Settlement.