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The High Court’s Commercial Division recorded a deed of settlement as a consent judgment, settling a dispute over a joint venture agreement and related prior judgment.
The court found that the amendments to the plaint were within the scope of the order for 'necessary amendments' and that the inclusion of aliases was justified. The fraud objection was not a pure point of law and required evidence, making it unsuitable as a preliminary objection. Both objections were dismissed as misconceived.
Source excerpt
The High Court held there was no agency agreement between the parties and granted declaratory relief that the defendant could not claim US$123,000 in agency fees.
Second appeal over ownership of a motor cycle business and plots at Moshi. The Court of Appeal upheld findings that no fraud was proved and dismissed the appeal with costs.
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