tanga cement plc vs doma enterprise 2 others 2023 tzhc 20390 25 august 2023

The court is bound to record and enforce a lawful deed of settlement filed by the parties, which settles the entire suit, and to pass a consent judgment and decree accordingly.

Citation: tanga cement plc vs doma enterprise 2 others 2023 tzhc 20390 25 august 2023
Parties: Plaintiff: Tanga Cement PLC; 1st Defendant: Doma Enterprise; 2nd Defendant: Veran Ignas Juma; 3rd Defendant: Ronald Prosper Massawe
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 25 August 2023
Procedural Posture: Commercial Case / Consent Judgment
Outcome: Suit settled by consent; deed of settlement recorded as judgment and decree.
Legal Topics: Consent Judgment, Settlement, Breach of Contract
Source Language: English

Civil Procedure Commercial Law Consent Judgment Settlement Breach of Contract

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Tanga Cement PLC

Plaintiff

Doma Enterprise

1st Defendant

Veran Ignas Juma

2nd Defendant

Ronald Prosper Massawe

3rd Defendant

Procedural Posture

Commercial Case / Consent Judgment

Legal Issues

1 Whether the parties have lawfully settled the dispute through a deed of settlement
2 Whether the deed of settlement should be recorded as a consent judgment

Ratio Decidendi

The court is bound to record and enforce a lawful deed of settlement filed by the parties, which settles the entire suit, and to pass a consent judgment and decree accordingly.

Court Disposition

Suit settled by consent; deed of settlement recorded as judgment and decree.

Orders

The deed of settlement filed on 23rd August 2023 is registered and forms part of the consent judgment and decree.
The suit is marked settled on the basis of the deed of settlement.