ahmed bashir vs husna abdul bashir administratrix of the estate of abdul bashir 2023 tzhc 23294 12 december 2023

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA ARUSHA SUB-REGISTRY

AT ARUSHA LAND CASE NO. 23 OF 2023

AHMED BASHIR PLAINTIFF

VERSUS

HUSNA ABDUL BASHIR DEFENDANT (ADMINISTRATRIX OF THE ESTATE OF ABDUL BASHIR)

CONSENT JUDGMENT 01/12/2023 & 12/12/2023 BADE, J. This is a consent judgment that arose from a deed of settlement entered and agreed upon successfully by the parties in this suit filed in Court on 27/11/2023. The settlement resulted from a suit filed by the plaintiff herein out of a dispute in the distribution of the estate of the deceased Abdul Bashir. In essence, an uncle had sued his nephew for alleged trespassing into the property in dispute believing the same belongs to the estate of the Page 1 of 5 Defendants father. In that event, before this Court, the plaintiff was praying for the following orders: i. A declaration that the Plaintiff owns 50% shares of the property situated on Plot No 1 Block N Sokoine Rd, Arusha. ii. An order of sale of the disputed property situated on Plot No 1 Block N Sokoine Rd, Arusha so that each party can get his /her 50% shares. iii. The Defendant be ordered to pay general damages to be assessed by the court. iv. Costs of this suit be provided by the Defendant. v. Any other reliefs) this honorable tribunal (sick) may deem fit to grant. Upon the matter being scheduled for mediation and protruded mediation sessions, the parties had agreed on some fundamental issues that were disputed previously, and the advocates for the Plaintiff Ms. Sanare and Mr. Lugakingira for the Plaintiff, as well as Mr. Lairumbe for the defendant, informed the Court that

they were able to settle the dispute amicably after they had exchanged settlement proposals. Thus the court ordered that parties to file the executed deed of settlement in Court on Page 2 of 5 27/11/2023, praying for the same to be recorded and form a decree of this Court in settlement of all claims as between the parties. In the event of the status given, this Court guided by Order XXIII Rule 3 of the Civil Procedure Code, Cap 33 R.E 2019 that; "Where it is proved to the satisfaction of the Court that a suit has been adjusted wholly or in part by any lawful agreement or compromise, or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject matter of the suit, the court shall order such an agreement, compromise or satisfaction to be recorded, and shall pass a decree in accordance therewith so far as it relates to the suit". I have passed through the deed of settlement filed on 27/11/2023 and am satisfied that the parties herein have arrived amicably into a lawful settlement agreement that disposed of the whole suit. As the spirit of this Court is to encourage the parties to settle their disputes amicably, the deed of settlement entered is accordingly recorded and form part of this consent judgment as held by Court of Appeal in the case of Motor Vessel Sepideh and Another vs Yusuph Mohamed Yusuph and two Others, Civil Application No. 237 of

2013 (unreported) thus: Page 3 of 5 "Where there is a lawful agreement or compromise, the Court is bound to record settlement once it is arrived by the parties". In lieu of this finding, the present case is marked settled to the extent of the deed of settlement in which parties have agreed: 1. The below distribution of the property shall be taken to account as 50% of the ownership and distribution for each party in this settlement in respect of the disputed property which is Plot No 1, Block 'N' Sokoine Road, Arusha.

2. The disputed property be divided such that Ahmed Bashiri the Plaintiff shall own and lawfully occupy 2.1 the whole of the second floor on the disputed property; 2.2 Four shops built by the Plaintiff at the gate of the disputed property; and 2.3 The disputed shop on the ground floor where the King Lion Company is a tenant at the moment; on one hand; and the other 3. Husna Abdul Bashiri the administratrix of the estate of the late Abdul Bashiri the Defendant herein shall occupy and lawfully represent the estate of Abdul Bashiri 3.1 for the whole of the first floor; , Page 4 of 5 3.2 The Shop on the ground floor where Star Times Company is a tenant at the moment; 3.3 The disputed shop on the ground floor which is tenanted by the Stationery business at the moment. Each party shall bear its own costs. It is so ordered. DATED at ARUSHA on this 12th day of December 2023 A. Z. BADE

JUDGE 12/12/2023 Judgment delivered under my Hand and Seal of the Court in chambers, this 12th day of December 2023 in the presence of the parties or their representatives/advocates. A. Z. BADE

JUDGE 12/12/2023 Page 5 of 5