Consent Jg of Hanifu Abdallah Vs

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB-REGISTRY OF MWANZA AT MWANZA LAND CASE NO. 7110 OF 2024 HANIFU ABDALLAH (Administrator of The Estate of late Sakina Selemani) ………..…..........……….….………… PLAINTIFF VERSUS MOHAMED HUSSEIN DARSI ……….……….…………………...… 1ST DEFENDANT SUKAINA MOHAMED HUSSEIN DARSI ………………..……..… 2ND DEFENDANT ZERA MOHAMED HUSSEIN DARSI ………..…………………….. 3RD DEFENDANT THE ASSISTANT REGISTRAR OF TITLES ……………………..… 4TH DEFENDANT COMMISSIONER FOR LANDS ……….…………………………..… 5TH DEFENDANT MWANZA CITY COUNCIL ……….……………………..………...… 6TH DEFENDANT THE ATTORNEY GENERAL ……….……………………..………..… 7TH DEFENDANT CONSENT JUDGMENT 19th September, 2024 CHUMA, J. The plaintiff filed this suit against the defendants seeking relief as follows: - i. The plaintiff prays for the court to declare the transfer plot no. 192 Block ‘R’ located at Rufiji Street to the 1st, 2nd and 3rd defendants illegal. ii. The court be pleased to declare that the deceased Sakina Selemani is the lawful owner and plot no. 192 Block ‘R’ Rufiji Street forms part of the estate of the late Sakina Selemani. 1 iii. Plaintiff prays the honorable court be pleased to order the registrar of title to rectify the title and insert the name of the legal representative of the late Sakina Selemani as a lawful owner. iv. That the court be pleased to order for vacant possession in the disputed plot by the 2nd and 3rd defendants v. The cost of this suit and vi. Any other relief as this honorable court may deem fit. Whereas, the defendants filed a joint written statement of defence to the suit disputing the alleged facts in the plaint and prayed for dismissal of the suit for want of merit with cost. Whereas upon hearing counsel for the parties on the 4th day of September 2024, (Mr. Akram Adam for the plaintiff and Mr. Remigius Mainde for the 1st, 2nd, and 3rd defendants while Mr. Allen Mbuya (S.A) for 4th, 5th, 6th and 7th defendants) prayed for another date as they were about to settle this matter out of court. On the 19th day of September, 2024, Mr. Dennis's advocate while holding brief for Mr. Akram Adam and Remedius Mainde for the first to third defendants submitted that they had successfully settled the matter on terms contained in the deed of settlement (Agreement) which was filed before 2 this court on 18th day of September, 2024. He prayed for the same to be recorded and form part of the decree of this court. This court went through the said deed of settlement filed on 18.9.2024 and satisfied that the parties herein have arrived amicably into a lawful agreement that disposed of the whole application. Therefore, this court adopts the said deed of settlement and the same is recorded as a decree of this court in this case. Consequently, this court orders thus: - 1. That, all the parties have agreed that the suit plot, Plot No. 192, Block “R” Rufiji Street, Mwanza City, with registered Title No. 033019/37 to be disposed of by way of sale to the highest price bidder and the dues that are to be obtained from the sale of the disputed suit land shall be distributed accordingly as follows: - a) The plaintiff herein shall receive 20% of the sale price without any deduction whatsoever. b) The 2nd and 3rd Defendants shall receive 80% of the sale price without any deduction whatsoever. 2. That, the plaintiff, 2nd and 3rd defendants have agreed that they shall all involve in seeking and finding by advertising the same for sale to the prospective purchaser of the suit land and the 3 purchaser who shall have the highest offer to purchase the suit land is the one who shall enter into a sale agreement to purchase the suit land. 3. That, it's agreed by the plaintiff, 2nd and 3rd defendant that as the 2nd and 3rd defendant names appear on the suit land Title No. 033019/37 they shall not dispose of the suit land without an involvement and consent of the plaintiff as he is entitled to be involved during the sale of the disputed property to ensure and be assured on the price for sale and receiving of his agreed share. 4. That is agreed by the plaintiff, 2nd and 3rd defendants that the sale shall be transparent and open without any concealing of the information relating to the sale, and if a party is involved and causes loss to the other shall make sure to compensate to the extent of the loss involved. 5. That, the plaintiff shall immediately withdraw the caveat lodged against the interest on the suit plot to facilitate the sale agreement with a prospective buyer of the suit plot and the seller that is the 2nd and 3rd defendants. 6. That, its agreed that the parties involved in this suit shall facilitate and expedite the process of the sale of the suit land and lender 4 assistance as the same are authorities involved in the disposing of the suit land. 7. That, it agreed that any parties herein who shall render by any means preventing the sale and distribution of the dues of sale among the plaintiff, 2nd and 3rd defendants shall be acting in breach of this deed and hence can seek remedy by enforcing in court by way of execution including the sale by public auction. 8. That, the plaintiff by this deed agrees to extinguish all the claims against the 4th, 5th, and 6th concerning the suit land. 9. That, both parties agree that this agreement constitutes a final agreement between them and supersedes any previous negotiations except on the terms expressly agreed herein, and upon the same being filed in court it shall immediately become decree/order of the court having full force and effect as any other of the Court. 10. Each party shall bear its own cost. In that vein, the present case is marked settled to the extent of the deed of settlement reached by the parties as per terms and conditions therein, as it was stated by the CAT in the case of Motor Vessel Sepideh and Another Vs. Yusuph Mohamed Yusuph and Two Others, Civil 5 Application No. 237 of 2013 “Where there is a lawful agreement or compromise, the court is bound to record settlement once it is arrived by the parties”. In case of any default in respect of any right conferred to any party herein, the aggrieved party shall have a right to execute such right(s) against the defaulter. Each party will bear its own costs. It is so ordered. DATED at MWANZA this 19th day of September 2024. W. M. CHUMA JUDGE 6 Consent judgment entered in the presence of Mr. Denis advocate holding brief for the plaintiff’s and defendant’s advocates, this 19th day of September, 2024. W. M. CHUMA JUDGE 7