RAMADHANI MANGENYI ANOTHER V KENAFRIC LTD ANTH
The court found that the dispute was fully resolved by the parties' lawful settlement agreement, which was recorded and incorporated into the judgment and decree.
Source-derived case information.
- Citation
- RAMADHANI MANGENYI ANOTHER V KENAFRIC LTD ANTH
- Parties
- Plaintiff: Ramadhan Kassim Mang'enyi; Plaintiff: Samuel Otieno Airo; Defendant: Kenafric Industries Limited; Defendant: Leostar International Ltd
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 10 June 2024
- Procedural Posture
- Civil / Consent Judgment
- Outcome
- settled by consent
- Legal Topics
- Settlement, Breach of Contract, Distribution Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ramadhan Kassim Mang'enyi
Plaintiff
Samuel Otieno Airo
Plaintiff
Kenafric Industries Limited
Defendant
Leostar International Ltd
Defendant
Procedural Posture
Civil / Consent Judgment
Legal Issues
- 1 Whether the contract between the defendants breached the supply contract with the plaintiffs
- 2 Whether the matter can be settled by consent
Ratio Decidendi
The court found that the dispute was fully resolved by the parties' lawful settlement agreement, which was recorded and incorporated into the judgment and decree.
Court Disposition
settled by consent
Orders
- The Deed of Settlement dated 10th June, 2024 is recorded and forms part of the judgment and decree.
- The plaintiffs' claims are considered settled as per the terms of the Settlement Agreement.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB - REGISTRY OF MWANZA AT MWANZA CIVIL CASE NO. 1783 OF 2024 RAMADHAN KASSIM MANG'ENYI............................................ 1st PLAINTIFF SAMUEL OTIENO AIRO............................................................. 2nd PLAINTIFF VERSUS KENAFRIC INDUSTRIES LIMITED........................................ 1st DEFENDANT LEOSTAR INTERNATIONAL LTD.......................................... 2nd DEFENDANT CONSENT JUDGMENT 10th 8111th June, 2024 ROBERT, J:- The Plaintiffs, Ramadhan Kassim Mang'enyi and Samuel Otieno Airo, prompted legal proceedings against Kenafric Industries Limited and Leostar International Ltd, the 1st and 2nd Defendants respectively, seeking, among others, a declaratory judgment that the contract entered by the two Defendants for distribution of sweets and bubble gums has breached the supply contract concluded between the Plaintiffs and the 1st Defendant. Prior to the hearing, the parties in this suit expressed their mutual desire to settle the matter out of the Court and duly filed their Deed of Settlement on the 10th June, 2024. When the matter came up for hearing i on 11th June, 2024, parties prayed for the said Deed of settlement to be recorded and a Court decree be passed in accordance with the terms and conditions agreed upon by the parties. Upon a comprehensive review of the terms and conditions delineated in the aforementioned settlement agreement, this Court is content that the entirety of the subject litigation has been entirely resolved through the lawful consensus of the parties, as articulated in the Settlement Agreement. In light of this, and in accordance with the provisions of Order XXIII Rule 3 of the Civil Procedure Code, Cap.33 R.E 2019, this Court hereby orders that the executed Deed of Settlement, tendered by the parties on the 10th June, 2024 is officially recorded and incorporated as an integral component of this Court's Judgement and Decree. The 1st, and 2nd Plaintiff's claims are therefore, considered as settled, predicated upon the conditions and terms agreed upon by the parties in the Settlement Agreement. 2