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An arbitral award or settlement deed cannot be enforced by filing a new suit; it must be registered and executed as a decree of the court following arbitration procedures. The trial court correctly struck out the suit for want of jurisdiction.
Source excerpt
High Court revised a land tribunal execution order, holding the enforceable debt was reduced by settlement deed and limiting recovery to Tshs. 3,000,000/=.
The High Court lacks jurisdiction to entertain the suit as the matter concerns execution of a decree, and the proper forum for such complaints is the executing court (DLHT) under Section 38 and Order XXI Rule 88(1) of the Civil Procedure Code. Filing a separate suit is improper and may lead to conflicting decisions.
Source excerpt
The High Court held that the applicants complied with a settlement deed by paying USD 1,000,000 within five months, and ordered mortgage discharge.
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