land case no 6155 of 2024 scanned

land case no 6155 of 2024 scanned

The dispute was resolved by a deed of settlement in which the 1st defendant agreed to pay compensation and the plaintiff relinquished his claim to the disputed land, with both parties bound by the settlement terms as the final judgment and decree of the court.

Citation
land case no 6155 of 2024 scanned
Parties
Plaintiff: Emily Eugeni Malya; 1st Defendant: Godson Mosses Killiza; 2nd Defendant: The Registrar of Titles; 3rd Defendant: The Commissioner for Lands; 4th Defendant: The Hon. Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Land Case / Consent Judgment
Outcome
Suit settled by consent judgment; each party to bear its own costs.
Legal Topics
Ownership Dispute, Rectification of Title, Compensation, Settlement Agreement
Source Language
English
Land Law Ownership Dispute Rectification of Title Compensation Settlement Agreement

Case Brief

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Parties

Emily Eugeni Malya

Plaintiff

Godson Mosses Killiza

1st Defendant

The Registrar of Titles

2nd Defendant

The Commissioner for Lands

3rd Defendant

The Hon. Attorney General

4th Defendant

Procedural Posture

Land Case / Consent Judgment

Legal Issues

  1. 1 Whether the plaintiff is the lawful owner of the disputed land
  2. 2 Whether the registration of the land in the 1st defendant's name was erroneous
  3. 3 Whether the certificate of title was obtained by deceit

Ratio Decidendi

The dispute was resolved by a deed of settlement in which the 1st defendant agreed to pay compensation and the plaintiff relinquished his claim to the disputed land, with both parties bound by the settlement terms as the final judgment and decree of the court.

Court Disposition

Suit settled by consent judgment; each party to bear its own costs.

Orders

  • 1st defendant to pay plaintiff TZS 100,000,000 within 7 days of filing the deed of settlement.
  • Plaintiff relinquishes claim to disputed land and offers adjacent unsurveyed land to 1st defendant.