Many people believe that once a case is taken to court, they must wait for a judge to decide it after a long process. However, this is not always necessary. Court cases can take a lot of time, cost a lot of money, and cause stress. Because of this, the law allows people to settle their disputes by agreement.
Under Order XXIII Rule 3 of the Civil Procedure Code, Cap 33 R.E. 2023, parties in a case are allowed to agree and settle their dispute without continuing with a full trial. When they do so, the court records their agreement and makes it a consent judgment. This judgment is legally binding, just like any other decision made by the court.
There are several reasons why people choose to settle their cases. One common reason is when a person realizes that their case may not be strong enough to win. Instead of risking losing everything, they may agree to a fair settlement.
Another reason is to avoid the high costs involved in court cases. Legal fees and other expenses can become too much, especially when the case takes a long time. By settling early, both parties can save money.
People also settle cases to save time. Court processes can be slow, and many individuals prefer to resolve their disputes quickly so they can move on with their lives.
In some situations, maintaining a good relationship is important. For example, family members, friends, business partners, or employers and employees may want to avoid conflict. Settling the case peacefully helps to keep that relationship intact.
Uncertainty is another reason. Even when someone believes they have a strong case, there is no guarantee of winning. A settlement gives both parties a clear and agreed result. Not only tis but there are so many other reasons.
Once both parties reach an agreement, they write it down and present it to the court. The court checks whether the agreement is lawful. If everything is in order, the court approves it and turns it into a consent judgment.
When the court is satisfied shall order that agreement to be recorded and shall pass a decree in accordance with the agreement, it can be wholly or partly not must to be wholly the parties may agree partly then the rest dis agreed party may proceed with litigation. The given judgement is final and conclusive. A consent judgment has the same legal power as any other court judgment. This means both parties must follow it. It also brings the case to an end, Also the same issue cannot be taken back to court again save to the dis agreed party.
In the case of Edward Bartholomeo Makweta vs Iddi Jackson Kiumba and Others (Land Case No. 28495 of 2025) [2026] TZHC 2004 (5 May 2026) parties solve their matter though this method by ask the court to adopt it, before a pre-trial conference got conducted the parties informed the court that by consent, they agreed and signed deed of settlement and filed before court on 5th May 2026,
and prayed that this court to adopt the same as the decree of this court and mark this matter settled and proceed to issue consent judgment under Order XXIII Rule 3 of the Civil Procedure Code [Cap 33 R.E. 2023].
The court upon passing through the agreement consented by the parties’ state as follows:
‘’This court has dispassionately gone through this deed of settlement signed by both parties in terms of under Order XXIII Rule 3 of the Civil Procedure Code Cap. 33 R: E 2023 and satisfied that the same was mutually consented. In the view of the above deed of settlement this court is hereby recorded and adopted the same to form part of consent judgment sprayed by the parties’’
The above case encourages members of the public to embrace negotiation and mutual understanding as effective ways of settling disagreements while saving time and costs.
The law provides a simple and effective way for people to resolve their disputes without going through a long court process. By settling a case through agreement under Order XXIII Rule 3 of the Civil Procedure Code, Cap 33 R.E. 2023, parties can save time, reduce costs, and avoid unnecessary stress. Choosing to settle a case is not only easier but also a wise and practical decision.
Antonia J. Ndutu is a junior associate currently training at Darstate Attorneys. She is passionate about learning and professional growth, with a strong interest in law in general. Antonia is dedicated to building her skills and gaining practical experience across different areas of legal practice. She aspires to develop into a versatile and competent lawyer in the future.
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