issa ibrahim mkumbachi vs amina salum chikoko 2020 tzhc 4550 24 november 2020

IN THE HIGH COURT OF TANZANIA (MTWARA DISTRICT REGISTRY) AT MTWARA PC CIVIL APPEAL NO. 22 OF 2020 (Arising from Matrimonial Appeal No. 19 of 2019 of the District Court of Tandahimba. Original Tandahimba Urban Primary Court Matrimonial Cause No. 42 of 2019) ISSA IBRAHIM MKUMBACHI....................................... APPELLANT VERSUS AMINA SALUM CHIKOKO........................................ RESPONDENT DEED OF SETTLEMENT OF AN APPEAL 19 & 24 November, 2020 DYANSOBERA, J.: The respondent in 2019 instituted Matrimonial Cause No. 42 of 2019 at Tandahimba Urban Primary Court against the appellant for the following orders, namely, the appellant builds the respondent, his ex- wife, a house following their extra judicial division of matrimonial properties and an order for division of the farm located at Mtutu being a matrimonial property. i In its decision, the Tandahimba Urban Primary Court issued the orders that as much as ther4e was an unfinished matrimonial house, the same be the property of the respondent and the appellant competes the door and windows and that the appellant takes three acres of the farm located at Mtutu or equivalent to 40% of the value of the farm after evaluation and the respondent takes four acres of the Mtutu farm or equivalent to 60% of the value of the farm after evaluation. Upon the respondent's appeal to the District Court at Tandahimba, the court allowed the appeal and reversed the trial court's decision by ordering the appellant to undertake finishing building the house within one month from the date of the judgment dated 27.2.2020 and that the respondent takes seven acres of the farm located at Mtutu in Tandahimba while the appellant take one acre of the farm at Mtutu in Tandahimba, the parties have mutually agreed to settle the appeal and have filed a DEED OF SETTLEMENT to be adopted by this court as the decree of the court. The Deed of Settlement which the parties have agreed and which I adopt as part of the judgment of this court is as follows: 1. That the appellant abandon the appeal pending in this court against the respondent. 2 2. That the appellant agrees and commits himself to pay the respondent the sum of Tshs. 1, 794,000/= (say Tanzania Shillings One Million Seven Hundred Ninety Four Thousand only) being the total cost or finishing the respondent's house particularly on windows and doors. 3. That the moneys referred at paragraph 2 herein above shall be paid by the appellant to the respondent into three (3) equal instalments of four (4) months intervals as follows: a. That, the first instalment which is to the tune of Tshs. 600, 000/= (say Tanzanian Shillings Six Hundred Thousands) only shall be due and payable without fail between December, 2020 and March, 2021 b. That, the second instalment which is Tshs. 600, 000/= (say Tanzanian Shillings Six Hundred Thousands) only shall be due and payable without fail between April, 2021 and July, 2021 c. The third instalment which is Tshs. 594, 000/= (say Tanzanian Shillings Five Hundred Ninety Four Thousands) only shall be due and payable without fail between August, 2021 and November, 2021 4. That, the payment of the sums referred herein paragraph 2 herein above, shall constitute full and final satisfaction and 3 settlement of the claims by the respondent against the appellant and completely mark this appeal disposed of by consent between the appellant and the respondent. 5. That, the parties hereby unanimously agree that, the terms and conditions of this deed shall be recorded by this Honourable Court as a decree of the Court. 6. That the parties herein have unanimously agreed each party bears his/her own costs of this appeal. The terms and conditions of this Deed of Settlement are hereby recorded as the decree of this court. Delivered at Mtwara this 24th day of November, 2020 in the presence of Mr. Robert Dadaya, learned counsel for the appellant and in the absence of the respondent but who is represented by Mr. Yassin Said