JOHN SABU V PIUS MATARA ANOTHER

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB-REGISTRY OF MWANZA

AT MWANZA LAND CASE NO. 34 OF 2022 JOHN BAHAME SABU....................................................................... PLAINTIFF

VERSUS PIUS MATARA......................................................................... 1st DEFENDANT JOHN MAIGE NJABULI........................................................... 2nd DEFENDANT

CONSENT JUDGMENT 17/7/2024 & 30/7/2024 ROBERT, J The Plaintiff, John Bahame Sabu, has brought a claim against the Defendants, Pius Matara and John Maige Njabuli, jointly and severally, seeking a declaration that he is the lawful owner of Plot No. 446 Block "D" Igoma in Mwanza City (hereinafter referred to as "the suit property") and that the Defendants are trespassers, jointly and severally. Prior to the hearing, the Plaintiff and 1st Defendant expressed their mutual desire to settle the matter out of Court. Consequently, they filed a Deed of Settlement on 18th July, 2024. When the matter was scheduled for hearing on 30th July, 2024, the parties jointly requested that the said Deed i of Settlement be recorded and a Court decree be issued in accordance with the terms and conditions agreed upon therein. Upon a comprehensive review of the terms and conditions delineated in the aforementioned Deed of Settlement, this Court is satisfied that the entire subject litigation has been resolved through the lawful consensus of the Plaintiff and the 1st Defendant as articulated in the Settlement Agreement. In light of this, and in accordance with the provisions of Order XXIII Rule 3 of the Civil Procedure Code, Cap. 33 R.E 2019, this Court hereby orders that the executed Deed of Settlement, filed by the parties on 18th July, 2024, be officially recorded and incorporated as an integral component of this Court's Judgment and Decree. Accordingly, the Plaintiff's claims are considered settled, based upon the conditions and terms agreed upon by the parties in the Settlement Agreement. 2