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Tanzania Judgment

TANZLII

JUMA JULIUS MVAMBA SCANNED

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The parties reached a settlement confirming the plaintiff as the lawful owner of the disputed plot, with the defendants agreeing to surrender, transfer, and deliver possession, and the plaintiff relinquishing a portion of land to the 1st defendant. All defendants are ordered to ensure registration and boundary adjustment in favor of the plaintiff.

Court disposition

Suit settled by consent judgment; plaintiff declared lawful owner; defendants ordered to transfer possession and ensure registration; plaintiff relinquishes portion to 1st defendant; costs waived.

Orders

  • Plaintiff declared lawful owner of Plot No. 766, Block 'A', Kunduchi Mtongani Area, Kinondoni Municipality, Dar es Salaam
  • 2nd Defendant to surrender, transfer, and deliver full possession and control of Plot No. 766 to Plaintiff
  • Plaintiff to surrender 74.13 square meters of land from Plot No. 766 in favor of 1st Defendant
  • All Defendants to ensure registration and boundary adjustment in favor of Plaintiff
  • 3rd, 4th, and 5th Defendants to cooperate for efficient survey and registration
  • Costs of suit, damages, and incidental costs waived

02

Material facts

Parties

Juma Julius Mvamba

Plaintiff

Fadhili Ananias Sembago (as a guardian of Glory Fadhili Sembago)

1st Defendant

Fadhili Ananias Sembago (as a guardian of Glory Fadhili Sembago)

2nd Defendant

The Commissioner for Lands

3rd Defendant

Director of Mapping and Survey

4th Defendant

The Attorney General

5th Defendant

Amounts and remedies

  • Land Relinquished by Plaintiff: 74.13
  • Remaining Land With Plaintiff: 828.27

03

Procedural history

  1. Posture

    Land Case / Consent Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
Plaintiff claimed ownership of Plot No. 766, Block 'A', Kunduchi Mtongani Area, Kinondoni Municipality, Dar es Salaam, registered in the names of the 1st and 2nd defendants.
Respondent
1st and 2nd defendants asserted to be the lawful owners of the disputed property.

05

Court’s reasoning

  1. 01

    Court practice

    Consent judgment binds parties to terms of settlement

  2. 02

    Land law statutes

    Land registration must reflect lawful ownership

06

Ratio, limits and disposition

Ratio decidendi

The parties reached a settlement confirming the plaintiff as the lawful owner of the disputed plot, with the defendants agreeing to surrender, transfer, and deliver possession, and the plaintiff relinquishing a portion of land to the 1st defendant. All defendants are ordered to ensure registration and boundary adjustment in favor of the plaintiff.

Court disposition

Suit settled by consent judgment; plaintiff declared lawful owner; defendants ordered to transfer possession and ensure registration; plaintiff relinquishes portion to 1st defendant; costs waived.

  • Plaintiff declared lawful owner of Plot No. 766, Block 'A', Kunduchi Mtongani Area, Kinondoni Municipality, Dar es Salaam
  • 2nd Defendant to surrender, transfer, and deliver full possession and control of Plot No. 766 to Plaintiff
  • Plaintiff to surrender 74.13 square meters of land from Plot No. 766 in favor of 1st Defendant
  • All Defendants to ensure registration and boundary adjustment in favor of Plaintiff
  • 3rd, 4th, and 5th Defendants to cooperate for efficient survey and registration
  • Costs of suit, damages, and incidental costs waived

Source and reliance status

TANZLII · 22 May 2024

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Judgment text

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Source document

TANZLII

Judgment· 22 May 2024

JUMA JULIUS MVAMBA SCANNED

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

AT PAR ES SALAAM LAND CASE NO. 1748 OF 2024 JUMA JULIUS MVAMBA................................................ PLAINTIFF

VERSUS FADHILI ANANIAS SEMBAGO (as a guardian of Glory Fadhili Sembago)........................................ 1st DEFENDANT FADHILI ANANIAS SEMBAGO (as a guardian of Glory Fadhili Sembago)......................................... 2ND DEFENDANT THE COMMISSIONER FOR LANDS..........................3rd DEFENDANT DIRECTOR OF MAPPING AND SURVEY................... 4th DEFENDANT THE ATTORNEY GENERAL....................................... 5th DEFENDANT

CONSENT JUDGMENT 2$h November2024 L. HEMED,J. On 22nd May 2024, the Plaintiff herein instituted the instant suit against the defendants claiming ownership of the suit landed property 1 described as Plot No 766, Block "A" Kunduchi Mtongani Area, Kinondoni Municipality, Dar es Salaam registered in the names of the 1st and 2nd defendants under Certificate of Title No. DSMT1015086. The claims were disputed by the defendants. In their written statement of defence, the 1st and 2nd defendants asserted to be the lawful owners of the disputed property. Upon completion of pleadings, the matter was forwarded to the mediation centre of the judiciary where it was successful settled before Hon. ANGELA BAHATI SALEMA, the mediator judge. Following the settlement, the parties appeared before the trial judge on 25th November 2024 where it was recorded as follows: 1 . That the 2nd defendant has agreed that the plaintiff is the lawful owner of Plot No. 766, Title No. DSMT1015086, Block "A" located at Kunduchi Mtongani Area, Kinondoni Municipality, Dar es Salaam Region currently registered in the name of the 1st Defendant. 2 .That, the 2nd defendant hereby agrees to 2 surrender, transfer and deliver full possession and control of Plot No. 766, Title No. DSMT1015086, Block "A" located at Kunduchi, Mtongani Area, Kinondoni Municipality, Dar es Salaam Region to the Plaintiff. The 2nd defendant further

agrees that he shall make no claims, objections, or assertations of any rights, title, or interest with respect to the property now or in future. 3 .The plaintiff hereby irrevocably waives, relinquishes, and surrenders 74.13 Square meters of land from plot no. 766 in favour of the first defendant, consequently the plaintiff's remaining portion of Plot no. 766 shall be 828.27 square meters. 4 .That the 1st, 2nd, 3rd, 4th and 5th defendants shall ensure that Plot No. 766, Title No. DSMT1015086, Block "A" located at Kunduchi Mtongani Area, Kinondoni Municipality, Dar es Salaam Region is registered in the plaintiff's name, including any 3 necessary adjustments to reflect the correct boundaries as established by survey plan. 5 .The 3rd, 4th and 5th defendants shall cooperate with the parties to ensure that the survey and registration are conducted efficiently and in accordance with applicable laws and regulations. 6 .The parties shall endure that the settlement is recorded in the official land records and that all necessary administrative steps are taken to update the records accordingly. 7 .That Costs of this suit, damages and any other incidental costs pertaining to the filing of the suit are hereby waived. Having recorded the above terms of settlement the court do hereby enters the consent judgement as follows: - 1. The plaintiff is the lawful owner of Plot No. 766, Tittle No. DSMT1015086, Block "A" located at kunduchi Mtongani Area, Kinondoni Municipality, Dar es Salaam Region.

2. The 2nd Defendant to surrender, transfer and deliver full possession and control of Plot No 766, Tittle No DSM 1015086, Block "A" located at Kunduchi, Mtongani Area Kinondoni Municipality Dar es Salaam to the Plaintiff.

3. The Plaintiff to surrender 74.13 square meters of land from plot No. 766 in favor of the 1st Defendant.

4. All Defendants to ensure that plot No.766, Tittle No DSM 1015086, Block "A" located at Kunduchi, Mtongani Area Kinondoni Municipality, Dar es Salaam is registered in the name of the Plaintiff, including any necessary adjustments.

5. The 3rd, 4th, and 5th Defendants to cooperate with the parties to ensure that the survey and registration are conducted efficiently and in accordance with the applicable laws and regulations. Order accordingly. 5 6

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