siemens tanzania ltd vs kadaso 2005 tzhc 47 18 october 200
The court adopted the deed of settlement as the judgment and decree of the court, as both parties agreed to settle the matter out of court on specified terms.
Source-derived case information.
- Citation
- siemens tanzania ltd vs kadaso 2005 tzhc 47 18 october 200
- Parties
- Appellant: Siemens Tanzania Ltd; Respondent: Jumannee Kadaso
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2005
- Procedural Posture
- Civil Appeal / Settlement Before Hearing of Appeal
- Outcome
- settled out of court; deed of settlement adopted as judgment and decree
- Legal Topics
- Negligence, Workman Compensation, Damages, Settlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Siemens Tanzania Ltd
Appellant
Jumannee Kadaso
Respondent
Procedural Posture
Civil Appeal / Settlement Before Hearing of Appeal
Legal Issues
- 1 Whether the appellant was liable for damages arising from negligence resulting in respondent's injury
- 2 Whether the parties could settle the matter out of court and have the settlement adopted as a court decree
Ratio Decidendi
The court adopted the deed of settlement as the judgment and decree of the court, as both parties agreed to settle the matter out of court on specified terms.
Court Disposition
settled out of court; deed of settlement adopted as judgment and decree
Orders
- Defendant to pay plaintiff Tshs 7,000,000/= in full and final settlement within 14 days
- Each party to bear own costs
Full Case Text
Judgment text and source record
1 paragraphs
i IN THE HIGH COURT OF TANZANIA (DAR ES SALAAM DISTRICT REGISTRY) AT DAR ES SALAAM CIVIL APPEAL NO.: 139 OF 2004 (Original Morogoro RMS Court, Civil Case No.5 of 2000) SIEMENS TANZANIA LTD....................................APPELLANT VERSUS JUMANNEE KADASO..................................RESPONDENT JUDGMENT DEED OF SETTLEMENT AND COMPROMISE OF A SUIT MANENTO, JK : Jumanne Kadaso had been employed by the appellants in a capacity of a turn boy. He was involved into an accident which led to amputation of his left leg. Besides the payments under the Workman Compensation procedures, the respondent sued the appellant for damages arising out of the negligence of the appellant. He was awarded a total of shs. 10,000,000/= with costs. The appellant was aggrieved by that decision. He appealed to this court. However, before the hearing of the appeal, the parties agreed to settle out of court, but to have the deed of settlement adopted by this court and be the decree of the court. The deed of settlement which the parties have agreed I ad t th judgment of this court is as follows: 1) That the defendant shall pay to the plaintiffs the total sum of Tshs 7,000,000/= as full and final settlement of this suit and of all claims arising directly or indirectly out of this case. 2) That the sum shall be paid within 14 days of recording this settlement subject to the default clause. 3) Each party shall bear his own cost 4) The terms including the amount of payment of this settlement shall remain in confidence and shall not be disclosed to any third party. 5) That the terms of this settlement shall be without prejudice and without admission of liability on part of the Appellant. The terms of this settlement stated above are hereby recorded as the order/decree of this court. It is accordingly ordered. A.R. Manento JAJI KIONGOZI Order: The ruling shall be read on 26/10/2005 Parties to be A.R. Manento JAJI KIONGOZI 18/10/2005