emmanuel mwamwezi0001

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA SUMBAWANGA SUB-REGISTRY ATSUMBAWANGA PC CIVIL APPEAL NO. 28074 OF 2023 (Originating from Civil Appeal No.08 of 2023 at the District Magistrates Court of Mpanda, originating from Original Matrimonial Cause No.1/2023, at Shanwe Primary Court) EMMANUEL KASSIAN MWAMWEZI........................ APPELLANT VERSUS FLORENSIA MARTIN DOTTO........................... RESPONDENT ■ Last order: JUNE 18, 2024 Judgment: JUNE 28,2024 CONSENT DECISION NANGELA, J.: This consent decision emanates from a second appeal which was filed by the appellant in this court seeking to challenge the decision of the District Magistrates' Court of Mpanda following a matrimonial case No.01 of 2023 which the Primary Court at Shanwe had decided. The District Court allowed the appeal, and the appellant herein was aggrieved and filed two grounds of appeal before this court as follows: 1. That, the first appellate court erred in law and fact by awarding highest percent of house located at Kapalangao to the respondent Page 1 of 3 without ample evidence on how she contributed to the said property. 2. That, the first appellate court erred in law and fact by holding that the respondent is entitled to the car proceeds while the respondent herself declined to have contributed to the car purchase at the trial court. Based on the above grounds, the appellant prayed orders that his appeal be allowed, the first appellate court's decision be quashed and set aside, and any other reliefs) that the court may deem fir to grant. When the parties appeared before this court, on the 22nd of April 2024, they were advised to engage in a possible settlement of their differences, a fact which they considered worth and gave thoughts to it. Since they were to engage in discussions out of court, this court granted them time to do so and the case was set for orders on the 4th of June 2024 and 14th May 2024. On the 16th of June 2024, the parties managed file a deed of settlement seeking to amicable end the appeal. Page 2 of 3 Having gone through the deed of settlement, I am satisfied that it does meet the required legal requirements of an enforceable deed. That being said, this court proceeds to record and adopt the said deed as forming part and parcel of this consent judgement and its decree thereof. The deed of settlement and its terms thereof are hereby recorded as forming the decree of this court. Order accordingly. DATED AT SUMBAWANGA ON THIS 28th DAY OF JUNE Page 3 of 3