abuu sadiki lema vs dar es salaam city council 2 others 2023 tzhclandd 17184 9 november 2023

IN THE HIGH COURT OF TANZANIA (LAND DIVISION)

AT DAR ES SALAAM LAND CASE NO. 135 OF 2023

BETWEEN ABUU SADIKI LEMA............... ........................ PLAINTIFF

VERSUS DAR ES SALAAM CITY COUNCIL.............. ............ 1st DEFENDANT TANZANIA AIRPORTS AUTHORITY..................... 2nd DEFENDANT THE ATTORNEY GENERAL ....................................3rd DEFENDANT

CONSENT JUDGMENT Date: 0$h November 2023. A, MSAFIRI, J, The plaintiff hereinabove has filed this suit against the defendants. He claims that he was a legal owner of a farm situated at Pugu Kinyamwezi Area in Ilala Municipalitywithin Dar es Salaam measuring ten (10) acres. That he acquired the said farm through a purchase whereby sometime in 2011, the Government when was in the process of extending its Mwalimu Nyerere International in Dar es Salaam, acquired the said land and resettled or allocated the people who were moved from Kipawa/Kigilagila. AfIL . i The plaintiff claims further that he was allocated Plots No. 773 and 782 Block "H" Pugu Mwakanga, Ila la Municipality and he paid the requisite fees on 27/01/2020. That since the payment of the fees for the allocated plots, the 1st defendant has failed and or ignore to hand over the said plots to the plaintiff without any apparent reasons. That, the action of the defendants' failure to hand over the plots to the plaintiff have caused him to suffer and denied him his usufructuary rights over the land and caused colossal loss as the plaintiff had plans of developing the plots for commercial purposes. The plaintiff avers that the said acts of the defendants jointly and severally were in total breach of trust bestowed on the defendants jointly by the law. Therefore the plaintiff prays for the judgment and Decree against

the defendants, jointly and severally as follows; a) An order compelling the defendants to physically hand over Plots Numbers 773 and 782, Block "H" situated at Pugu Mwakanga in Ilala Municipality, in Dar es Salaam unconditional; b) Compensation of the loss of use the land to the tune of Tanzania Shillings Five Hundred Million (TZS 500,000,000.00); c) An order compelling the defendants jointly and severally to pay interest on item (a) herein above at the rate of 21% from February, 2020 till date of payment; Jrfl 10 . 2 d) Declarations that the acts of the 1st and 2nd defendant were illegal; e) Payment off General Damages to be assessed by Court. f) Payment of interest on the decretal sums at the Court rate of 12% p.a from the date of judgment to the date of fully and final satisfaction of the decree; g) Costs of suit; h) Interest on costs at the rate of 7% per annum from the date of judgment till full and final payment thereof AND; i) Any further of other reliefs, as this Honourable Court deems fit, proper and just. The defendants also filed their written statement of defence, admitting some facts but mostly disputing the claims raised by the plaintiff. In the suit, the plaintiff was represented by Mr. Innocent Tairo, learned advocate while the defendants were represented by Ms Selina Kapange and Ms. Joanita Kagaruki, State Attorneys. Upon completion of the pleadings, the 1st

pretrial conference was held and the suit was referred to the High Court Mediation Center for the mediation proceedings. Hon. Z. Maruma, J, the Mediator Judge successfully administered the mediation process and a Deed of Settlement was signed by parties on 07th November, 2023. Az/ / On 11th November, 2023, parties appeared before the trial Judge to record settlement pursuant to Order VIII Rule 33(a) and 34 of the Civil Procedure Code, Cap 33 R.E 2019 as amended by G.N. No 381 of 2019. The plaintiff and the defendants have consented as follows: 1. That the second defendant confirms that the plaintiff will be compensated the valued amount of TZS 114,334,500.00 for the piece of land which was compulsorily acquired to pave way for resettlement of the people who were evicted at Kigilagila and Kipawa for the purposes of expanding the Julius Nyerere International Airport.

2. That the first defendant shall process of documents of ownership in favor of the plaintiff in respect of Plot No.782 Block "H" Pugu Mwakanga.

3. That the first defendant acknowledges the plaintiff is the lawful owner of Plot No. 773, Block "H" Pugu Mwakanga and shall process documents of ownership in favor of the plaintiff in respect of Plot No. 773, Block "H" Pugu Mwakanga.

4. That the signing of this settlement Deed marks the end of the litigation and relieves all parties described herin of any further obligations except for their rights and obligations as agred herein consensually. JV j L 4 5. That, in case of any default in fulfillment of any condition enshrined in the deed of settlement the applicant shall exercise the right including but not limited to exceeding the consent judgment and decree in accordance with the laws of Tanzania.

6. That, the parties agree that costs of the case and the deed of settlement shall be borne by the parties themselves.

7. That, upon fulfillment of the terms stated herein above the applicant shall have no any other claim arising from or connected to Land Case No. 135 of 2023. Judgment is hereby entered as consented by parties. Each party shall bear its own costs in the suit. 5