stc limited vs water aid tanzania 2022 tzhccomd 260 1 september 2022

stc limited vs water aid tanzania 2022 tzhccomd 260 1 september 2022

The Memorandum of Adjustment and Satisfaction of the Award filed jointly by the parties meets the legal requirements for enforceable settlement and is recorded as the adjustment of the Final Award, fully satisfying the arbitral award and concluding all claims related to the dispute.

Citation
stc limited vs water aid tanzania 2022 tzhccomd 260 1 september 2022
Parties
Claimant: STC Limited; Respondent: Water Aid Tanzania
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
1 September 2022
Procedural Posture
Miscellaneous Commercial Cause / Consent Judgment Following Arbitration Award Adjustment
Outcome
Memorandum of Adjustment and Satisfaction of the Award recorded as adjustment of the Final Award; dispute conclusively settled.
Legal Topics
Enforcement of Arbitral Awards, Settlement Agreements, Adjustment of Decrees
Source Language
English
Arbitration Contract Law Civil Procedure Enforcement of Arbitral Awards Settlement Agreements Adjustment of Decrees

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Parties

STC Limited

Claimant

Water Aid Tanzania

Respondent

Procedural Posture

Miscellaneous Commercial Cause / Consent Judgment Following Arbitration Award Adjustment

Legal Issues

  1. 1 Whether the Memorandum of Adjustment and Satisfaction of the Award constitutes an enforceable deed of settlement
  2. 2 Whether the settlement satisfies the requirements of Order XXI Rule 2 of the Civil Procedure Code

Ratio Decidendi

The Memorandum of Adjustment and Satisfaction of the Award filed jointly by the parties meets the legal requirements for enforceable settlement and is recorded as the adjustment of the Final Award, fully satisfying the arbitral award and concluding all claims related to the dispute.

Court Disposition

Memorandum of Adjustment and Satisfaction of the Award recorded as adjustment of the Final Award; dispute conclusively settled.

Orders

  • Respondent to pay Claimant TZS 524,000,000 as full satisfaction of the Final Award within five days of registration.
  • Sum includes costs awarded in the Final Award.