scania t ltd vs hood transport co ltd 2023 tzhccomd 92 20 march 2023
The deed of settlement filed by the parties satisfies the legal requirements and is enforceable; the suit is settled on the basis of the deed, which forms the decree of the court.
Source-derived case information.
- Citation
- scania t ltd vs hood transport co ltd 2023 tzhccomd 92 20 march 2023
- Parties
- Plaintiff: Scania Tanzania Limited; Defendant: Hood Transport Company Limited
- Court
- TZHCCOMD
- Jurisdiction
- Tanzania
- Judgment Date
- 20 March 2023
- Procedural Posture
- Commercial Case / Consent Judgment
- Outcome
- suit settled
- Legal Topics
- Settlement, Deed of Settlement, Consent Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Scania Tanzania Limited
Plaintiff
Hood Transport Company Limited
Defendant
Procedural Posture
Commercial Case / Consent Judgment
Legal Issues
- 1 whether the deed of settlement filed by the parties meets the requirements for enforceability and can be recorded as the decree of the court
Ratio Decidendi
The deed of settlement filed by the parties satisfies the legal requirements and is enforceable; the suit is settled on the basis of the deed, which forms the decree of the court.
Court Disposition
suit settled
Orders
- Deed of Settlement recorded as decree of the court
- Suit marked settled
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF THE UNITED REPUBLICOF TANZANIA COMMERCIAL DIVISION AT DAR ES SALAAM COMMERCIAL CASE NO. 34 OF 2018 BETWEEN SCANIA TANZANIA LIMITED ....................................... PLAINTIFF AND HOOD TRANSPORT COMPANY LIMITED .............. DEFENDANT CONSENTJUDGEMENT Date of Last Order: 27/02/2023 Date of Judgement: 20/03/2023 NANGELA, J.: This matter has been living pending in Court. However, when the parties appeared before me on the 14th December 2022, they intimated that they were on the settlement discussions to bring this matter to an end amicably. I granted them the opportunity to do so. On the 20- March 2023, Ms. Upendo Charles and Mr. Elias Kitua, learned advocates, appeared for the parties respectively. They informed this Court that the parties were able to strike a deal and they reguested that their Page 1 of2 deed of Settlement filed in Court on 17/03/2023 be recorded as forming the decree of the Court. I have had time to read the Deed of Settlement. The same was filed under Order XXIII Rule 3 of the CPC, Cap. 33, R.E. 2019. I am satisfied that the Deed of Settlement meets the requirements of an enforceable Deed of Settlement and this Case has now been compromised and Settled amicably on the basis of the terms set out in the deed of Settlement. That being the Case, the said Deed of Settlement is hereby recorded and this suit is hereby marked Settled at the instance of the parties' Deed of Settlement. The Deed of Settlement shall therefore form the Decree of this Court. It is so ordered. DAYOF JUDGE, HIGH COURT OF TANZANIA (COMMERCIAL DIVISION) 20th March, 2023 Page 2 of2