medardus lucas geho vs property matrix company limited others 2022 tzhccomd 291 16 september 2022

medardus lucas geho vs property matrix company limited others 2022 tzhccomd 291 16 september 2022

The court found that the Deed of Settlement filed by the parties was lawful, voluntary, reflected consensus, and was enforceable, thus settling both the petition and cross-petition in full.

Citation
medardus lucas geho vs property matrix company limited others 2022 tzhccomd 291 16 september 2022
Parties
Petitioner: Medardus Lucas Geho; 1st Respondent: Property Matrix Company Limited; 2nd Respondent: Anatoly Kahundi Limuna; 3rd Respondent: Rodgers Sondas Sigala; 4th Respondent: Babylon Anderson Mwakyambile
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
16 September 2022
Procedural Posture
Miscellaneous Commercial Cause / Consent Judgment Following Settlement
Outcome
Petition and cross-petition wholly settled by consent; Deed of Settlement registered as judgment and decree of the court.
Legal Topics
Unfair Prejudice, Shareholder Disputes, Directorship Removal, Company Management, Settlement Agreements
Source Language
English
Company Law Commercial Law Unfair Prejudice Shareholder Disputes Directorship Removal Company Management Settlement Agreements

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Parties

Medardus Lucas Geho

Petitioner

Property Matrix Company Limited

1st Respondent

Anatoly Kahundi Limuna

2nd Respondent

Rodgers Sondas Sigala

3rd Respondent

Babylon Anderson Mwakyambile

4th Respondent

Procedural Posture

Miscellaneous Commercial Cause / Consent Judgment Following Settlement

Legal Issues

  1. 1 Whether the acts of the respondents were unfairly prejudicial to the petitioner under the Companies Act
  2. 2 Whether the Deed of Settlement is lawful, voluntary, and enforceable

Ratio Decidendi

The court found that the Deed of Settlement filed by the parties was lawful, voluntary, reflected consensus, and was enforceable, thus settling both the petition and cross-petition in full.

Court Disposition

Petition and cross-petition wholly settled by consent; Deed of Settlement registered as judgment and decree of the court.

Orders

  • The Deed of Settlement filed on 12 September 2022 is recorded and constitutes part of the judgment and decree.
  • The petition and cross-petition are marked settled at the consent of the parties and on the basis of the Deed of Settlement.