Land Case No

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA LAND DIVISION DAR-ES-SALAAM LAND CASE NO. 15382 OF 2024 EMMA EMANUEL MAZALA (Administratix of the Estate of the late Salima Hussein Mwasa @Salma Mwasa)........................... PLAINTIFF VERSUS MOHAMED ABDALLAH............................................... 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) Date of Last Order: 12/09/2024 Date of Ruling: 12/09/2024 LA LTAl KA, J, Initially, the Plaintiff herein, EMMA EMANUEL MAZALA (Administratix of the Estate of the late Salima Hussein Mwasa @Salma Mwasa) instituted this suit against the Defendant MOHAMED ABDALLAH praying for judgement and decree as follows: i. A Declaration that the Late Salima Hussein Mwasa was the lawful owner of PLOT No. 1369, C. T. No. 87412 BLOCK PUNGU MWAKANGA AREA, ILALA, DAR ES SALAAM hence Plaintiff is entitled to it. Page 1 of 6 ii. An order of eviction of the defendant from the disputed area. Hi. The Defendant pay the Plaintiff damages in the sum of Shs 350,000,000 for trespass thereon by the Defendant. iv. An order ofperpetual injunction restraining the Defendants, their servants, workmen, assigns, agents and whomsoever will be acting through them from interfering with the Plaintiff's peaceful enjoyment of the suit premises and or demolishing the suit premises. v. The defendant pays the costs of and incidental to the suit. vi. Any other reiief(s) that the Honourable Court may deem fit. When the suit was called for mention on the 12th of September 2024 the plaintiff attended virtually and was without legal representation. The Defendant, on the other hand, enjoyed the legal services of Ms. Mariam Saleh, learned Advocate. Ms. Saleh explained that the matter had been amicably settled. She drew this Court's attention to a copy of the Deed of Settlement filed and prayed that the same be accepted as a part of the Judgment and proceed to mark the appeal withdrawn. The Plaintiff was live on a video conference. She looked jovial and indicated her agreement with what the learned Advocate had stated. In the event of the status given, this Court is guided by Order XXIII rule 3 of the Civil Procedure Code, Cap.33 of R.E of 2019 that: Page 2 of 6 "Where it is proved to the satisfaction of the Court that a suit has been adjusted wholly or in part by any lawful agreement or compromise, or where the defendant satisfies the plaintiffin respect of the whole or any part of the subject matter of the suit, the court shall order such an agreement, compromise or satisfaction to be recorded, and shall pass a decree in accordance there with so far as it relates to the suit." Consequently, I proceed to adopt the terms and conditions of the Deed of Settlement to form part and parcel of this consent judgment as appearing herein below: - 1. That the Plaintiff and the Defendant are in agreement that the Defendant shall register as the lawful owner of the property known as Plot No. 1369, C.T. No. 87412, Block B Pugu Mwakanga Area, within Ilala Municipality ("the Property") and that the name of the Defendant to be entered in the registry as the lawful owner of the property. 2. That the beneficiaries and Heirs to Salima Hussein Mwasa (Salma Mwasa) are EMMA EMMANUEL MAZALLA, REHEMA HUSSESIN MWASA, MOHAMED HUSSESIN MWASA and JAMILA HUSSESIN MWASA alias JAMILA HUSSESIN OMARY as per Form No. 1 in Mirathi Na. 2220/2019 at the Primary Court of Magomeni. 3. That the Defendant is to pay a total of Tanzania Shillings Fifteen Million T.Shs. 15,000,000/= in lump sum to EMMA EMMANUEL MAZZAUk (As Administratix of the Estate of Late Salima Hussein Mwaa @Salma Mwasa) immediately on signing. Page 3 of 6 4. That EMMA EMMANUEL MAZZALA (As Administratix of the Estate of Late Salima Hussein Mwaa @Salma Mwasa shall distribute the amount in equal portions to all of the beneficiaries. 5. That upon signing of the Deed of Settlement, the Plaintiff herein agrees that Land Case No 15382 of 2024 shall be marked settled. 6. That upon payment of the above stated amount, the Plaintiff herein agrees to release and forever discharge the Defendant from any and all matters, claims, complaints, demand, liabilities of whatsoever nature arising from or in connection with the property. 7. That upon signing of this Deed of Settlement, the Plaintiff shall release the Certificate of Title to the Defendant. 8. The signatories herein agree and have no disputer or whatever issue of Defendant's peaceful possession of the property and acknowledge that the Defendant has been in possession of the said property for more than 12 years. 9. That Plaintiff confirms that there is no other pending disputes, encumbrances on the property and the property is free and clean for the purpose of this Deed of Settlement. 10. That the Plaintiff will have no further claims against the Defendant in so far as the terms of this agreement are complied with. 11. That all signatories to this Deed of Settlement irrevocably warrant that they have full mandate to execute this Deed of Settlement and their Signature shall bind the parties named herein and their capacity: should there be any dispute arising from the validity of the authority, the respective party from within the dispute arose shall bear all consequences. Page 4 of 6 12. That the Plaintiff and the Defendant cause this Deed of Settlement to be filed and recorded by the Land Court in full and final settlement of the suit and undertake to honor the terms thereto to which they are legally bound. 12.1. Upon recording the Deed of Settlement, the parties agree that the suit and ant other cost arising out of and/or in connection with the suit or the deed of settlement. 13. That the signatories herein agree that each shall bear their own cost of the suit and any other cost arising out of/and in connection with the suit of the deed of settlement. 14. That this deed of settlement shall be governed and interpreted in accordance with the laws of Tanzania mainland. Therefore, I hereby declare the executed Deed of Settlement effective from the date when it was lodged in this court, that is, on 2nd day of September 2024, binds all parties herein and to the subsequent applications or suits arising from the same cause of action. Henceforth the deed of settlement entered is accordingly recorded and form part of this Consent Judgment as held by the Court of Appeal in the case of Motor Vessel Sepideh and Another v. Yusuph Mohamed Yusuph and two Others, Civil Application No. 237 of 2013, (Unreported) thus: "Where there is a lawful agreement or compromise, the Court is bound to record settlement once it is arrived by the parties." Page 5 of 6 In lieu of the foregoing, the present matter is marked amicably settled to the extent of the deed of settlement reached by the parties as per terms and conditions therein, hence withdrawn from the court records. It is so ordered. I I. LALTAIKA JUDGE 12/09/2024 Court: Consent Judgement delivered this 12th day of September 2024 in the presence of Ms, Mariam Saleh, learned Advocate for the Defendant (physically) and the Plaintiff who has appeared virtually in person, unrepresented. Page 6 of 6