BONIPHACE CHACHA

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

AT MUSOMA LAND CASE NO. 844 OF 2024 REFERENCE NO.20240117000000844 BONIPHACE CHACHA KERARYO............................................................ PLAINTIFF

VERSUS KEISANGORA VILLAGE COUNCIL....................................................................... 1stDEFENDANT TARIME DISTRICT COUNCIL............................................................................. 2ndDEFENDANT ATTORNEY GENERAL.......................................................................................... 3rdDEFENDANT

CONSENT JUDGEMENT 10/12/2024 & 17/12/2024 Kafanabo, J.: This is a consent judgment derived from a deed of settlement duly signed and filed by the parties in this Court on 10th December 2024. The said deed of settlement arises from a suit instituted by the Plaintiff on 6th January 2024 against the Defendants claiming for the following orders: i. A declaration that the Plaintiff is a lawful owner of the land in dispute. ii. A permanent injunction restraining all the Defendants from interfering with the peaceful enjoyment of his land. iii. Costs of this suit. The Defendants, on the other hand, filed their written statement of defence disputing the Plaintiff's claim and prayed for the dismissal of the suit, in its entirety, with costs. However, on 24/07/2024 Ms. Neema Mwaipyana (Senior State Attorney), Messrs. Anesius Stewart, and Frank Kashumba State Attorneys entered an appearance for the Defendants before this court, and the learned senior State Attorney went on record addressing the Court that the parties herein have mutually agreed to settle their dispute out of court, the submission which the Plaintiff, who entered an appearance in person, concurred with. Therefore, the parties prayed for the time within which to prepare a deed of settlement and record the same before this court as a decree of the Court. After several adjournments triggered by various factors, on

10th December 2024, the intended settlement was mature and duly filed in Court. Hence Ms. Neema Mwaipyana, Senior State Attorney, and Anesius Stewart, State Attorney, entered an appearance for the Defendants and submitted that the parties have filed a deed of settlement in the e-Case Management System. They prayed that the Court be pleased to record that the suit has been settled based on the terms and conditions set out in the deed of settlement duly signed by the parties. It was further prayed that the Court be pleased to enter judgment according to the terms of the deed of settlement as per Order XXIII Rule 3 of the Civil Procedure Code, Cap 33 R.E.

2019. The Plaintiff concurred with the submissions of the learned Senior State attorney and also prayed that the Court be pleased to enter judgment as per the deed of settlement filed in Court. In light of the submissions and prayers of the parties above, this court reviewed the said deed of settlement filed by the parties herein, and upon satisfying itself that the deed of settlement meets the legal requirements of being recorded as a decision of this court under Order XXIII of the Civil 2 Procedure Code, Cap. 33 R.E. 2019, this Court hereby adopts and records the deed of settlement filed by the parties herein on 10th December 2024, and it is, therefore, part of this consent judgment. Therefore, this suit is hereby marked settled amicably and voluntarily by the parties, and in particular, on the following orders: 1. The Plaintiff is the lawful owner of the unsurveyed land in dispute located at Keruta Hamlet, in the Keisangora Village in the Tarime District identified by the following demarcations: 'The land borders Zacharia Chacha Magige's residence on the south, Chacha Nyamhanga's Residence on the West, Julius Ntali's Residence on the East, and the road from Muriba heading to Mlima Nyamwaga on the North.' 2. The Plaintiff is the lawful owner of the un-surveyed land in dispute located at Keruta Hamlet, in the Keisangora Village in the Tarime District identified by the following demarcations: 'The land borders Chacha Obogo and Nyaitara Obogo residences on the North, Mniko Mwera and James Bwire Residences on the East, Elias Daud Residence on the West, and road from Kesunguruta hamlet to Keruta hamlet on the south.' 3. That the Plaintiff waives all other rights and claims against Defendants under the suit or any other claim or matter incidental thereto.

4. That the parties hereto shall bear their costs. 3 Therefore, as ordered herein above, the present suit is hereby marked settled as per the terms of the deed of settlement and executable as a decree of this court in light of the above orders. It is so ordered. Dated this 17th day of December 2024. K. I. Kafanabo Judge The judgment was delivered in the presence of the Plaintiff and in the presence of Ms. Neema Mwaipyana, Senior State Attorney for the Defendants. K. I. Kafanabo Judge 17/12/2024 4