jafari bakari lichinga administrator of estate of the late bakari selemani lichinga vs simon george mwambe 2023 tzhc 23109 27 june 2023

THE UNITED REPUBLIC OF TANZANIA JUDICIARY IN THE HIGH COURT OF TANZANIA (MTWARA DISTRICT REGISTRY) AT MTWARA MISC. LAND APPLICATION NO.12 OF 2022 JAFARI BAKARI LICHINGA (Administrator of Estate of the BAKARI SELEMANI LICHINGA) ................ ................ APPLICANT VERSUS SIMON GEORGE MWAMBE................................ .RESPONDENT CONSENT JUDGEMENT 27/6/2023 LALTAIKA, J. The applicant herein, JAFARI BAKARI LICHINGA (Administrator of the Estate of the late BAKARI SELEMANI LICHINGA) is still interested in pursuing this matter, which originated from the District Land and Housing Tribunal for Mtwara in Land Application No.96 of 2018. At the original level, it was the respondent who successfully sued the late BAKARI SELEMANI over ownership of the suit land. Page 1 of 4 At this juncture, a backdrop of this matter is imperative. As I have stated earlier, it was the respondent who instituted a claim of ownership of the suit land against BAKARI SELEMANI.- The respondent claimed that the suit land was bequeathed to him by his grandmother named MATILIDA KILIAN before she passed away. The respondent insisted further that he was bequeathed the same through a "WILL" written by his grandmother in her handwriting, The respondent claimed further that he used the suit land for almost twelve years without any interference from either the relatives of MATILIDA KILIAN or the applicant. On the other hand, the applicant alleges that he acquired the suit land when he purchased the same from the late MATILIDA KILIAN. Unfortunately, the applicant did not tender the alleged sale agreement to prove its existence. The late BAKARI SELEMANI was aggrieved by the decision of the Tribunal; thus, he appealed to this court via Land Case Appeal No.16 of 2019. After hearing the parties, this court concurred with the decision of the Tribunal, which declared the respondent the lawful owner of the Suit land. Again, being dissatisfied, the applicant, now the legal representative of the late BAKARI SELEMANI LICHINGA, is pursuing this application, which will enable him to enter into the ambit of the Apex Court of the country. When this matter was called for a hearing today, both parties appeared in person and unrepresented. At the outset, the applicant submitted that as a family, they decided to settle the matter once and for all. Mr. Lichinga contended further that the family had decided to leave the suit land to the respondent. In addition, the applicant submitted that they shall pay the respondent a token of TZS. 500,000/= for the disturbance Page 2 of4 caused. He eventually prayed for the matter to come to an end and marked it as settled. In response, the respondent submitted that it is true, and that is the way they had agreed. Having dispassionately gone through the submissions of the parties, I am fortified that it is true that the parties have amicably settled the matter. Consequently, I proceed to adopt the terms and conditions of what the parties agreed, and they include: 1. That the applicant shall leave the suit land to the respondent. 2. That the applicant shall pay the respondent a token of TZS. 500,000/= for the disturbance caused. Therefore, I hereby declare that the agreed and executed terms and conditions effective from today bind all parties herein and to the subsequent applications or suits arising from the same cause of action. Thus, this court does hereby invoke powers under section 95 of the Civil Procedure Code [Cap.33 R.E. 2019] to mark Misc. Civil Application No. 12 of 2022 and its original cases, that is Civil Appeal No.96 of 2018 from the District Land and Housing Tribunal and Land Case Appeal No. 16 of 2019 of the High Court of Tanzania at Mtwara as amicably settled. It is so ordered. 27.06.2023 Page 3 of 4 Court: Ruling delivered this 27th day of June 2023 in the presence of the applicant and the respondent who have appeared in person and unrepresented. 27.06.2023 Page 4 of 4