bashir noor mohamed sajan as the administrator of the estate of the late sheikh abdul rauf vs global land solutions limited 2023 tzhc 23111 21 november 2023

THE UNITED REPUBLIC OF TANZANIA JUDICIARY IN THE HIGH COURT OF TANZANIA (MTWARA DISTRICT REGISTRY) AT MTWARA LAND CASE NO.2 OF 2023 BASHIR NOOR MOHAMED SAJAN (as the Administrator of the estate of the late SHEIKH ABDUL RAUF) .....................PLAINTIFF VERSUS GLOBAL LAND SOLUTIONS 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]) 21/11/2023 LA LTAl KA, J. The Plaintiff, BASHIR NOOR MOHAMED SAJAN, a natural person is suing under the capacity of the Administrator of the estate of the late SHEIKH ABDULRAUF. On 04/05/2023 the Plaintiff filed this suit against the defendant and claimed the following reliefs as reproduced herein below: Page 1 of 5 (i) A declaration that the Defendant has breached the Agreement dated 1st May 2016, read together with; Execution Agreement dated 12h December 2019; An Addendum to the Agreement dated 12!h June 2020 and an Addendum to the Agreement for the Development of Mtandi Farm into Housing Estate and Safes of Plots realised dated 29^ December 2022. (ii) An order ofpayment ofgenera! damages may be assesd by the Honourable Court but preferably not less than Tshs. 300,000,000/= (say Tanzania shillings Three Hundred Million only). (Hi) Interest thereof at bank commercial rate of 21% per annum from the date of filling to the date of full recovery. (iv) Costs of the suit. (v) /l/y other reHef(s) and orders that this Honourable Court may deem just to grant. (vi) After pleadings were complete, the suit went to the stage of mediation. Thus, I was appointed to be the mediator. During mediation parties showed interest in settling the dispute and agreed to file the Deed of Settlement/Comprise of Suit. However, the Plaintiff was represented by Ms. Lightness Kikao, learned Advocate from HM NOBLE ATTORNEYS. On the other hand, the Defendant was represented by Mr. Emmanuel Ngongi, a learned Advocate. In so doing, on 20/11/2023 they lodged in this court a Deed of Settlement. Besides that, the learned counsels have implored this court to record the Deed of Settlement as part of the Decree of the court. Having dispassionately gone through the filed Deed of Settlement, I am fortified that it confirms with the requirements of the law (O.XXIII Rule 3 of the Civil Procedure Code [Cap. 33 R.E. 2019]). Page 2 of 5 Consequently, I proceed to adopt the terms and conditions of the registered Deed of Settlement to form part and parcel of this consent judgment as appearing herein below: - "5. NOW, THEREFORE, it is HEREBYAGREED between the Parties as follows: - (i) That, the Plaintiff and the Defendant have reviewed the matter as it stands and have agreed to resolve their dispute amicably on the terms and conditions set forth herein and are desirous ofrecording a settlement as a consent Judgment (ii) That, the Plaintiff and the Defendant hereby agree to abandon all claims related, connected and or incidental to the LAND CASE NO.2 OF2023 now pending before this Honourable Court. (Hi) That the Defendant agrees to pay the outstanding 30% share on the sale of Plots to the Plaintiff as ofMay2022 to the tune of TZS 14,935,140/- (Say Tanzanian Shillings Fourteen Million Nine Hundred Thirty-Five Thousands One Hundred and Forty) within Thirty days (30) from the date of recording and adopting this Deed ofSettlement as consentjudgment ofthe Court. (iv) That the Defendant also agrees to calculate and have the 30% share on the sale ofPlots covering 01 st June 2022 up to 31st December2023 deposited to the Plaintiffs Bank account in staged five (05) Instalments starting from 28F February 2024, second on 31st March 2024, third on 3CF April2024, fourth on 31 st May2024 and the fifth and last installment on 3(fh June 2024. (y) The Defendant hereby agrees and commits herself to deposit on quarterly basis, the 30% share on each amount deposited by the buyer or allocate for new sales starting from 01st January2024 which will be furnished to the Plaintiff by the Defendant, and in case of any delay prior communication shall be served to the Plaintiffstating when the deposit will be made which shall not exceed thirty days from the due date of the quarterly report. (vi) It is agreed further that, for each sales starting from 01st January 2024, new buyers will be required to pay 50% of the purchase price within Fourteen (14) days from the date of execution ofsale agreement and complete the remaining 50% within six (06) Months from the date of Page 3 of 5 executing the sale agreement at the market value of TZS 3,000/- per square: meter and the buyer shallbear the costs associated with issuance of new certificate oftitle. (vii) That, on quarterly basis, the Defendant shall furnish to the Plaintiff reports on the sale of the Plots. For purposes of this Deed, the first report shall contain information regarding sales of Plots from 01st June 2022 up to 31 st December 2023 and thereafter the normal quarterly report shallproceed. (viii) That parties agree that all financial deposits to the Plaintiff shall be through the NMB Bank Account in the name of Bashir Noor Mohamed Sajan administrator of the late Sheikh Abdul Rauf(Account No. 20610024699), (ix) The Plaintiff commits himselfto stop from interfering with the operation of the projects except when the Defendant or his agents fail to observe the Law of the United Republic of Tanzania and or breach the terms of this Deed. For purposes of this Deed, the Defendant shall deal directly With the Plaintiff on any issue concerning the project. (x) That upon filling and recording of this Deed ofSettlement, parties to this settlement shall be strictly bound by the terms contained in this Deed of Settlement and together with the Agreement dated1st May 2016, read together with Execution Agreement dated 13th December 2019 an Addendum to the Execution Agreement dated 12® June 2020 and Addendum to the Agreement for the Development ofMtandi Farm into Housing Estates and sales of Plots dated . 29F December2022 which will be read together with this Deed." To this end, I hereby deciare that the executed Deed of Settlement effective from the date when it was lodged in this court, that is, on 20/11/2023/ binds all parties herein and to the subsequent applications or suits arising from the same cause of action. Thus, this court do hereby invoke powers under section 95 and Order XXIII Rule 3 of the Civil Procedure Code [Cap. 33 R.E. 2019], to mark Land Case No.7 of 2021 amicably settled. More so, the Terms and Conditions contained in the executed Deed of Settlement as summarized herein above, adopted Page 4 of 5 hereto, forming part of this Court Judgment and Court Decree. It is so ordered. E.I. LALTAIKA JUDGE 21.11.2023 Judgement delivered this 21st day of November 2023 in the presence of Ms. Lightness Kikao, learned advocate for the Plaintiff while Mr. Emanuel Ngongi, learned State Attorney for the Defendant. E.I. LALTAIKA JUDGE 21.11.2023 Page 5 of 5