simply fresh t ltd vs kevin stander 2 others 2022 tzhccomd 111 11 may 2022

simply fresh t ltd vs kevin stander 2 others 2022 tzhccomd 111 11 may 2022

The court is satisfied that the deed of settlement between the plaintiff and 1st and 3rd defendants is lawful and settles part of the suit; accordingly, the settlement is recorded and forms part of the court's decree.

Citation
simply fresh t ltd vs kevin stander 2 others 2022 tzhccomd 111 11 may 2022
Parties
Plaintiff: Simply Fresh Tanzania Limited; 1st Defendant: Kevin Stander; 2nd Defendant: Yasmine Haji; 3rd Defendant: Shanta Retail Holding Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
11 May 2022
Procedural Posture
Commercial Case / Consent Judgment; Partial Settlement Recorded; Suit Proceeds Against 2nd Defendant
Outcome
Partial consent judgment; suit settled as between plaintiff and 1st and 3rd defendants; suit against 2nd defendant to proceed.
Legal Topics
Consent Judgment, Deed of Settlement, Financial Liability, Breach of Repayment Obligations
Source Language
English
Civil Procedure Commercial Law Consent Judgment Deed of Settlement Financial Liability Breach of Repayment Obligations

Case Brief

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Parties

Simply Fresh Tanzania Limited

Plaintiff

Kevin Stander

1st Defendant

Yasmine Haji

2nd Defendant

Shanta Retail Holding Limited

3rd Defendant

Procedural Posture

Commercial Case / Consent Judgment; Partial Settlement Recorded; Suit Proceeds Against 2nd Defendant

Legal Issues

  1. 1 Whether the deed of settlement between plaintiff and 1st and 3rd defendants is lawful and settles part of the suit
  2. 2 Whether the court should record the settlement and pass a decree accordingly

Ratio Decidendi

The court is satisfied that the deed of settlement between the plaintiff and 1st and 3rd defendants is lawful and settles part of the suit; accordingly, the settlement is recorded and forms part of the court's decree.

Court Disposition

Partial consent judgment; suit settled as between plaintiff and 1st and 3rd defendants; suit against 2nd defendant to proceed.

Orders

  • Deed of settlement between plaintiff and 1st and 3rd defendants recorded and forms part of the decree.
  • Suit against 2nd defendant to proceed to next stages.