HINDU RAMADHANI scanned

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (LAND DIVISION)

AT DAR ES SALAAM LAND CASE NO. 3202 OF 2024 HINDU RAMADHANI MAHOKA........................................... PLAINTIFF

VERSUS MBWIGA M BI LI KILE NANZE..................................... 1st DEFENDANT MICHAEL KIWANUKA..................................................2nd DEFENDANT GRACE MAPUNDA....,............................ „..................... 3rd DEFENDANT

CONSENT JUDGMENT 2&h April 2024 L. HEMED, J. The Plaintiff herein, Hindu Ramadhani Mahoka instituted the instant suit against Mbwiga Mbilikile Nanze, Michael Kiwanuka and Grace Mapunda claiming for ownership of the suit landed property known as Plot No.6 Block D, Ubungo District, at Kimara Baruti. In her plaint, the Plaintiff blamed the defendants for having trespassed into her land and causing loss. The Plaintiff was thus praying for the following reliefs against the defendants:- 1. A declaration that the plaintiff is the lawfully owner of the suit property; 2. An eviction order against the defendants from the 1 suit property; 3. The defendants be condemned to pay general damages for loss suffered by the plaintiff due to his wrongful actions; 4. The defendants be condemned to pay the costs of this suit; and 5. Any other relief that this court may deem just to grant. While the matter was still at pleadings stage, parties, that is the Plaintiff and the 1st Defendant decided to settle their dispute amicably. They executed the Deed of Settlement which they presented for filing in this Court on 25th April 2024. When the matter was called on 29th April, 2024 for necessary orders, parties successfully prayed to record their settlement for consent Judgment and Decree. Prior to recording of the settlement, the Plaintiff was granted his prayer to withdraw claims against the 2nd and 3rd defendants. Following the withdraw of the claims against the 2nd and 3rd defendants, the Plaintiff and the 1st Defendant proceeded to record the terms of their settlement as follows:- 2 1. That, the 1st Defendant shall pay the Plaintiff Tshs. 5,000,000/= upon execution of the settlement.

2. That, the 1st Defendant shall also settle the bill of costs taxed in respect of the Land Application No. 121/2021 which was instituted by the Plaintiff following the dismissal by the District Land and Housing Tribunal for Ubungo, at Kibamba Luguruni, which was passed against the Plaintiff, to the tune of Tshs. 4,800,000/= 3. That, the 1st Defendant shall also pay Tshs. 1,000,000/= to settle the outstanding legal fees by the Plaintiffs counsel, and the balance of Tshs. 1,000,000/= shall be paid by the Plaintiff herself to her advocate upon execution of the settlement.

4. That, the amount of Tshs. 2,000,000/= for the Certificate of the suit property which was supposed to be paid by the Plaintiff to the person who was processing the Certificate of Title, shall be paid by the 1st Defendant, and be part of the settlement amount.

5. That, in total this suit has been settled for Tshs. 12,800,000/= as shown hereinabove. 3 6. That, upon execution of this deed and adaption of the same by the court, the Plaintiff will have no any cause of action against all the three defendants over the suit property in respect of all 1,010.00 Square Meters.

7. That, the Plaintiff will also handle over the Certificate of Occupancy bearing Title No. 33261 of the suit property and the copy of letters of Administration of estates of the late RAMADHANI SA LUM MAHOKA and other documentations relating to the legal representation of such property, to be used by the 1st defendant in transfer processes of the title, upon execution of this deed, and after payment of Tshs. 5,000,000/= and Tshs. 1,000,000/= advocate fees.

8. That, upon execution of this Deed of Settlement the Plaintiff shall have no any remaining interest over the suit property.

9. That, upon signing this deed the Plaintiff acknowledge payment of the said amount of Tshs. 5,000,000/= and Advocate's payment of Tshs. 1,000,000/= 10. That, the Plaintiff will sign all the documentations needed for the purpose of 4 transfer of title to the defendants. Including a Power of Attorney to the 1st Defendant's Advocate namely REHEMA ZACHAYO MRANGU to complete and collect the renewed Certificate of Occupancy at the Registrar's office for the suit property, which process has already been initiated by the Plaintiff and made necessary payment for the same.

11. That, the Plaintiff as the administrator of estates of her late father RAMADHANI SALUM MAKOHA (the deceased) who was the previous owner of the suit property declares that there shall be no interest of the heirs of the deceased attached to that property ANYMORE.

12. That, the matter will be marked settled upon being filed and be adapted as the court Judgment (consent judgment). Having recorded the above terms, this Court to hereby enter consent Judgment as per the agreed above terms and makes the following orders:- 1. The 1st Defendant to pay the Plaintiff Tshs. 5,000,000/= and Tshs. 1,000,000/= to 5 being the outstanding legal fees by the Plaintiff's counsel upon execution of the settlement.

2. After payment of Tshs. 5,000,000/= and Tshs. 1,000,000/= advocate fees, the Plaintiff to hand over to the 1st Defendant the Certificate of Title No. 33261 of the suit property, the copy of letters of Administration of estates of the late RAMADHANI SALUM MAHOKA and other documentations relating to the legal representation of such property, to be used by the 1st defendant in transfer processes.

3. The Plaintiff to sign all the documentations needed for the purpose of transfer of title to the defendants, including a Power of Attorney to the 1st Defendant's Advocate namely REHEMA ZACHAYO MRANGU to complete and collect the renewed Certificate of Occupancy at the Registrar's office for the suit property, which process has already been initiated by the Plaintiff and made necessary payment for the same.

4. There shall be no interest of the heirs of the deceased attached to the property 6 ANYMORE.

5. The 1st Defendant to settle the bill of costs taxed by the District Land and Housing Tribunal for Ubungo, at Kibamba Luguruni, in respect of the Land Application No. 121/2021, to the tune of Tshs. 4,800,000/= 6. The, 1st Defendant also to pay the amount of Tshs. 2,000,000/= to the person who processed the Certificate of Title.

7. The, in total this suit has been settled for Tshs. 12,800,000/= as shown hereinabove. It is so ordered. DATECLatDAR ES SALAAM this 29th April 2024. <5

JUDGE 7