BONIPHACE MAIKO

BONIPHACE MAIKO

The parties reached a binding settlement through mediation, whereby the 1st Defendant shall pay the Plaintiff TZS 70,000,000 in full and final settlement, and the Plaintiff waives all claims against the 2nd Defendant, who is recognized as the lawful owner of the suit land.

Source-derived case information.

Citation
BONIPHACE MAIKO
Parties
Plaintiff: Boniphace Maiko; 1st Defendant: Erasto Joseph Laizer; 2nd Defendant: The Registered Trustees of Christ for the World Ministries Tanzania
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Land Case / Consent Judgment After Mediation
Outcome
Suit marked successfully mediated and settled by consent judgment.
Legal Topics
Breach of Sale Agreement, Ownership of Land, Settlement Agreement, Refund and Interest, Demolition and Vacant Possession
Source Language
english
Land Law Contract Law Breach of Sale Agreement Ownership of Land Settlement Agreement Refund and Interest Demolition and Vacant Possession

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Parties

Boniphace Maiko

Plaintiff

Erasto Joseph Laizer

1st Defendant

The Registered Trustees of Christ for the World Ministries Tanzania

2nd Defendant

Procedural Posture

Land Case / Consent Judgment After Mediation

Legal Issues

  1. 1 Whether the 1st Defendant breached the sale agreement dated 9th July 2018
  2. 2 Whether the Plaintiff is entitled to ownership of the suit land or refund with interest
  3. 3 Whether the 2nd Defendant's buildings should be demolished and vacant possession handed over

Ratio Decidendi

The parties reached a binding settlement through mediation, whereby the 1st Defendant shall pay the Plaintiff TZS 70,000,000 in full and final settlement, and the Plaintiff waives all claims against the 2nd Defendant, who is recognized as the lawful owner of the suit land.

Court Disposition

Suit marked successfully mediated and settled by consent judgment.

Orders

  • 1st Defendant to pay Plaintiff TZS 70,000,000 in twelve equal monthly instalments from 30/11/2024 to 31/10/2025 as per schedule.
  • Payments to be made to Plaintiff's designated bank account at Equity Bank Tanzania Limited, Arusha Branch, Account Number 3002100005785.