tanzania portland cement company ltd vs calvin itaeli maimu 2004 tzhccomd 11 18 june 2004

tanzania portland cement company ltd vs calvin itaeli maimu 2004 tzhccomd 11 18 june 2004

The application to set aside the settlement order was dismissed because the court found no evidence of duress or intimidation. The applicant participated in the negotiations and settlement process, displayed understanding, and did not object at the time the order was made. The applicant's subsequent change of mind does not constitute grounds to set aside a consent order reached amicably and in his presence.

Citation
tanzania portland cement company ltd vs calvin itaeli maimu 2004 tzhccomd 11 18 june 2004
Parties
Plaintiff/respondent: Tanzania Portland Cement Company Limited; Defendant/applicant: Calvin Itaeli Maimu
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
18 June 2004
Procedural Posture
Commercial Case / Ruling on Application to Set Aside Settlement Order
Outcome
Application dismissed
Legal Topics
Setting Aside Consent Orders, Settlement Agreements, Allegations of Duress
Source Language
English
Civil Procedure Contract Law Setting Aside Consent Orders Settlement Agreements Allegations of Duress

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Parties

Tanzania Portland Cement Company Limited

Plaintiff/respondent

Calvin Itaeli Maimu

Defendant/applicant

Procedural Posture

Commercial Case / Ruling on Application to Set Aside Settlement Order

Legal Issues

  1. 1 Whether the settlement order of 3/7/2003 should be set aside on grounds of duress and lack of free will

Ratio Decidendi

The application to set aside the settlement order was dismissed because the court found no evidence of duress or intimidation. The applicant participated in the negotiations and settlement process, displayed understanding, and did not object at the time the order was made. The applicant's subsequent change of mind does not constitute grounds to set aside a consent order reached amicably and in his presence.

Court Disposition

Application dismissed

Orders

  • Application to set aside the order of 3/7/2003 is dismissed.