amina m sunje vs tandahimba district council 2 others 2023 tzhc 23153 28 november 2023

amina m sunje vs tandahimba district council 2 others 2023 tzhc 23153 28 november 2023

The court adopted the deed of settlement as it complied with legal requirements, binding all parties, marking the suit as settled and precluding further litigation on the same cause of action.

Citation
amina m sunje vs tandahimba district council 2 others 2023 tzhc 23153 28 november 2023
Parties
Plaintiff: Amina M. Sunje; 1st Defendant: Tandahimba District Council; 2nd Defendant: Mustafa Ayubu Mtulile; 3rd Defendant: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 November 2023
Procedural Posture
Civil / Consent Judgment (deed of Settlement)
Outcome
case settled by consent judgment
Legal Topics
Allocation of Land, Compensation for Unlawful Reallocation, Settlement of Land Disputes
Source Language
English
Land Law Civil Procedure Allocation of Land Compensation for Unlawful Reallocation Settlement of Land Disputes

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Parties

Amina M. Sunje

Plaintiff

Tandahimba District Council

1st Defendant

Mustafa Ayubu Mtulile

2nd Defendant

Attorney General

3rd Defendant

Procedural Posture

Civil / Consent Judgment (deed of Settlement)

Legal Issues

  1. 1 whether the reallocation of Plot No. 209 Block 'A' was lawful
  2. 2 whether the plaintiff is entitled to compensation for loss of land and property
  3. 3 whether the plaintiff is entitled to another plot and monetary compensation

Ratio Decidendi

The court adopted the deed of settlement as it complied with legal requirements, binding all parties, marking the suit as settled and precluding further litigation on the same cause of action.

Court Disposition

case settled by consent judgment

Orders

  • Deed of Settlement adopted as court decree
  • Plaintiff to be allocated Plot No. Block 'E' at Matogoro Area Tandahimba Mjini