felix daniel nkane vs irinei mkude another 2022 tzhclandd 12566 29 july 2022

The parties have amicably settled the dispute and executed a deed of settlement, which the court adopts as its judgment and decree, marking the suit as amicably settled.

Citation: felix daniel nkane vs irinei mkude another 2022 tzhclandd 12566 29 july 2022
Parties: Plaintiff: Felix Daniel Nkane; 1st Defendant: Irinei Mkude; 2nd Defendant: Francis Kayenzi
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 29 July 2022
Procedural Posture: Land Appeal / Consent Judgment Following Settlement Before Trial
Outcome: Suit amicably settled by consent judgment; case marked as settled.
Legal Topics: Ownership of Land, Deed of Settlement, Withdrawal of Suit, Consent Judgment
Source Language: English

Land Law Civil Procedure Ownership of Land Deed of Settlement Withdrawal of Suit Consent Judgment

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Felix Daniel Nkane

Plaintiff

Irinei Mkude

1st Defendant

Francis Kayenzi

2nd Defendant

Procedural Posture

Land Appeal / Consent Judgment Following Settlement Before Trial

Legal Issues

1 Whether the parties have amicably settled the land ownership dispute
2 Whether the deed of settlement should be adopted as a consent judgment

Ratio Decidendi

The parties have amicably settled the dispute and executed a deed of settlement, which the court adopts as its judgment and decree, marking the suit as amicably settled.

Court Disposition

Suit amicably settled by consent judgment; case marked as settled.

Orders

Plaintiff withdraws the suit and shall not refile it in any court or tribunal.
Second defendant shall peaceably stay and use the suit land as he wishes.