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The court entered judgment based on the parties' consent and settlement agreement, marking the suit as settled and recording the terms as a decree.
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The High Court entered a consent judgment settling a contract dispute, ordering the defendant to pay TZS 85 million by instalments with security and default remedies.
The parties mutually agreed to settle all claims regarding Plot No. 41 Block 'C' Uhuru Street, Morogoro, with the Plaintiff relinquishing all rights and claims in exchange for monetary consideration and allocation of alternative plots, and the court recorded the settlement as a binding consent judgment.
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The parties freely entered into a deed of settlement resolving the dispute, specifying the amount, payment schedule, and waiving further claims, thus warranting entry of a consent judgment and decree as per the agreed terms.
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The dispute was resolved by a registered settlement agreement, with leave granted for a separate suit on penalties, and no order for costs as per the parties' agreement.
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The dispute is settled by consent; the defendants pay TZS 7,000,000 to plaintiffs, who relinquish all rights to the land, and the suit is marked settled per the deed of settlement.
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The court is satisfied that the parties have lawfully compromised the suit through a deed of settlement, and accordingly records the settlement as a consent judgment, binding all parties and marking the matter as settled and withdrawn.
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The respondent failed to prove fraudulent misrepresentation or lack of authority of the signatories to the settlement agreement. The settlement agreement was validly executed, payment of TZS 330,000,000/= was acknowledged, and the agreement constituted full satisfaction and adjustment of the decree. The application under Order XXI Rule 2(2) was proper, and the payment must be recorded and certified as extinguishing the decree.
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The High Court entered a consent judgment in a land dispute over a residential licence, ordering revocation of the 1st defendant’s licence and issuance of a new one to the plaintiff.
Applicant failed to cumulatively establish the three elements required for grant of injunction; specifically, irreparable loss and balance of convenience were not proven. The sale and transfer of the property had already occurred, making the injunction inappropriate.
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