Kagaruki CONSENT JUDGEMENT

Kagaruki CONSENT JUDGEMENT

The court registered the Deed of Settlement as a consent judgment, holding that upon payment of TZS 18,000,000/= by the appellant to the 3rd respondent, the house shall revert to the appellant and all claims between the parties are settled.

Citation
Kagaruki CONSENT JUDGEMENT
Parties
Appellant: Bashiru J Kagaruki; 1st Respondent: Nickson J Swahibu; 2nd Respondent: Majemaje Auction Mart & Brokers Ltd; 3rd Respondent: Mathias Kosekubi Bulahi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2025
Procedural Posture
Miscellaneous Civil Appeal / Consent Judgment
Outcome
appeal settled by consent judgment
Legal Topics
Execution of Decree, Settlement, Attachment and Sale of Property
Source Language
English
Civil Procedure Contract Law Execution of Decree Settlement Attachment and Sale of Property

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Parties

Bashiru J Kagaruki

Appellant

Nickson J Swahibu

1st Respondent

Majemaje Auction Mart & Brokers Ltd

2nd Respondent

Mathias Kosekubi Bulahi

3rd Respondent

Procedural Posture

Miscellaneous Civil Appeal / Consent Judgment

Legal Issues

  1. 1 Whether the settlement agreement between appellant and 3rd respondent resolves the dispute regarding sale and ownership of appellant's house
  2. 2 Whether the consent judgment can be registered and enforced by the court

Ratio Decidendi

The court registered the Deed of Settlement as a consent judgment, holding that upon payment of TZS 18,000,000/= by the appellant to the 3rd respondent, the house shall revert to the appellant and all claims between the parties are settled.

Court Disposition

appeal settled by consent judgment

Orders

  • Deed of Settlement registered as consent judgment
  • Appellant to pay TZS 18,000,000/= to 3rd respondent in three installments