LAND CASE 23423 SCANED

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA LAND DIVISION AT DAR ES SALAAM LAND CASE NO. 23423 OF 2024 ALEX MSAMA MWITA................................................. PLAINTIFF VERSUS JAFFERY IND. SAINI LIMITED................................... DEFENDANT CONSENT JUDGEMENT (DEED OF SETTLEMENT) (Made under s. 95 read together with Order XXIII Rule 3 of the Civil Procedure Code Cap. 33 R.E, 2019) Date of las Order: 31/10/2024 Date of Ruling: 31/10/2024 LALTAIKA, J, The Plaintiff herein ALEX MSAMA MWITA instituted this suit against the Defendant for judgment and decree as follows: i. A declaration that the Defendant is in breach of the sale Agreement in respect of the sale of the Property which is situated at Plot No. 74, LO. No. 744827 Pugu Road Area, Temeke Municipality, Dar es Salaam Tanzania. ii. An order of declaration that the Plaintiff is the rightful owner of the property which is situated at Plot No. 74, LO. No. 744827 Pugu Road Area, Temeke Municipality, Dar es Salaam Tanzania. Hi. An order that Defendant be defunded her amount which has paid to the Plaintiff during the sale of the property. 1 iv. An Order of perpetual injunction restraining the Defendant, her agents or servants in entering in the afore stated property which is situated at No. 74, LO. No. 744827 Pugu Road Area, Temeke Municipality, Dar es Salaam Tanzania. v. An order that defendant pay general. vi. Costs of the suit. When the suit was called for mention earlier today 31st October 2024, Messrs. Augutino Kusalila and Emanuel Kessy, learned Advocates, appeared for the Plaintiff and the Defendant respectively. Mr. Kusalika explained that the matter had been amicably settled. He drew this Court's attention to a copy of the Deed of Settlement filed and prayed that the same be accepted as a part of the Judgment and proceed to mark the appeal withdrawn. Mr. Kessy assured the court of that position. In the event of the status given, this Court is guided by Order XXIII rule 3 of the Civil Procedure Code, Cap.33 of R.E of 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 there with so far as it relates to the suit." 2 Consequently, I proceed to adopt the terms and conditions of the Deed of Settlement to form part and parcel of this consent judgment as appearing herein below: - NOW THEREFORE, both parties hereto agree as follows: - A. That the Plaintiff and Defendant have agreed that the Landed property described as Plot No. 74, LO. No. 744827 Pugu Road Area, Temeke Municipality, Dar es Salaam Region is lawful owned by Jaffery Ind. Saini Limited. B. That upon payment of TZS. 42,000,000 which is the remain balance of the agreed purchasing price amounting to TSHS.850,000,000. The same shall be paid to the BANK ACCOUNT NO. 912000891571, STANBIC BANK, in the name of ALEX MSAMA MWITA. The payment of the purchasing price by the Defendant to the Plaintiff and the Plaintiff shall not have any claim over the property situated at Plot No. 74, LO. No. 744827 Pugu Road Area, Temeke Municipality, Dar es Salaam. C. That, the Plaintiff, his Agent, Servant and Relative are precluded from having any claims over the disputed land situated at No. 74, LO. No. 744827 Pugu Road Area, Temeke, Municipality, Dar es Salaam Tanzania. D. That, the Plaintiff shall execute all the transfer deed that is land forms No. 29, 30, 35 and the plaintiff shall make himself available to assist and enable smooth transfer of the property situated at Plot. No. 74, LO. No. 744827 Pugu Road Area Temeke Municipality, Dar es Salaam Tanzania, whenever the need arises. E. That each party shall bear his own costs. F. That the Plaintiff and the Defendant agree to execute and implement this deed of Settlement in good faith. G. That save specifically agreed by the Plaintiff and the Defendants, the parties irrevocably bind themselves with the terms and conditions of this Agreement as set forth herein. H. That upon the signing and filing of this deed of settlement in the Land Case No. 23423 of 2024 between the parties herein, of which, shall be marked settled and the mutual covenants herein contained shall constitute a consent judgment and decree of the Court. 3 IN WITNESS WHEREOF, the parties hereto acting through their authorized officers or representatives or directly themselves have executed this deed of settlement on the day and year as above written in the following manner appearing Therefore, I hereby declare the executed Deed of Settlement effective from the date when it was lodged in this court, that is, on 31st day of October 2024, binds all parties herein and to the subsequent applications or suits arising from the same cause of action. Henceforth the deed of settlement entered is accordingly recorded and form part of this Consent Judgment as held by the Court of Appeal in the case of Motor Vessel Sepideh and Another v. Yusuph Mohamed Yusuph and two Others, Civil Application No. 237 of 2013, (Unreported) thus: "Where there is a lawful agreement or compromise, the Court is bound to record settlement once it arrived by the parties." In lieu of the foregoing, the present matter is marked amicably settled to the extent of the deed of settlement reached by the parties as per terms and conditions therein, hence withdrawn from the court records. It is so ordered. E. I. LALTAIKA JUDGE 31/10/2024 4 Court: Consent Judgement delivered this 31st day of October 2024 in the presence of Messrs. Augutino Kusalila and Emanuel Kessy, learned Advocates, for,the Plaintiff and Respondent respectivelythe Respondents andjnjhe absence of the Applicant. 31/10/2024 5