CIVIL CASE LUCAS MBONJWA MAKORI
- Citation
- CIVIL CASE LUCAS MBONJWA MAKORI
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TANZLII
- Decision
- 4 December 2024
- Posture
- Civil / Consent Judgment
- Language
- English
More details
- Court
- TANZLII
- Decision
- 4 December 2024
- Posture
- Civil / Consent Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The parties' deed of settlement is legally binding and constitutes a court decree; the suit is marked settled on agreed terms.
Court disposition
suit settled by consent judgment
Orders
- Suit marked settled upon agreed terms recorded from parties and deed of settlement.
- Each party shall bear its own costs.
02
Material facts
Parties
Lucas Mbonjwa Makori
Plaintiff Counsel: Emanuel GervasThe Board of Trustees of the Public Services Social Security Funds
1st Defendant Counsel: Neema MwaipyanaThe District Council of Butiama
2nd Defendant Counsel: Neema MwaipyanaThe Attorney General
3rd Defendant Counsel: Neema MwaipyanaAmounts and remedies
- Specific Damages: TZS 30,210,000
- General Damages: TZS 20,000,000
- Accumulated Pension: TZS 30,000,000
03
Procedural history
Posture
Civil / Consent Judgment
04
Questions and positions
Legal issues
- 01
Is the plaintiff entitled to monthly pension payments?
- 02
Are the defendants liable for specific and general damages claimed by the plaintiff?
- 03
Is the deed of settlement binding as a court decree?
Party arguments
- Applicant
- Plaintiff claimed entitlement to monthly pension, specific damages of Tsh. 30,210,000/=, general damages of Tsh. 20,000,000/=, accumulated pension since retirement, and costs.
- Respondent
- Defendants agreed to settle the matter, signed a deed of settlement, and accepted payment mechanisms and legal force of settlement.
05
Court’s reasoning
Legal principles
- 01
Article 107A of the Constitution of United Republic of Tanzania
Courts facilitate and promote amicable dispute settlement.
06
Ratio, limits and disposition
Ratio decidendi
The parties' deed of settlement is legally binding and constitutes a court decree; the suit is marked settled on agreed terms.
Court disposition
suit settled by consent judgment
- Suit marked settled upon agreed terms recorded from parties and deed of settlement.
- Each party shall bear its own costs.
Source and reliance status
TANZLII · 4 December 2024
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TANZLII
Judgment· 4 December 2024
IN THE HIGH COURT OF TANZANIA
MUSOMA SUB REGISTRY
AT MUSOMA CIVIL CASE NO. 00006919 OF 2024 REFERENCE NUMBER 202403281000006919 LUCAS MBONJWA MAKORI............................................................. PLAINTIFF
VERSUS
THE BOARD OF TRUSTEES OF THE PUBLIC SERVICES SOCIAL SECURITY FUNDS..................................................... 1st DEFENDANT THE DISTRICT COUNCIL OF BUTIAMA................................... 2nd DEFENDANT THE ATTORNEY GENERAL...................................................... 3rd DEFENDANT
CONSENT JUDGMENT 04th & 04th December, 2024 M. L. KOMBA, J.: This is a consent judgment arising from a mutually agreed settlement by the parties named above. Primarily, plaintiff who was former employee of the second defendant and a member of the 1st defendant brought this suit against the defendants herein claiming for the following reliefs from defendants: i) To pay the plaintiff monthly pension. ii) To deciare the plaintiff is lawful entitled to get monthly pension. Hi) To pay specific damage amount to Tsh. 30,210,000/= with interest of each month until pay. Page 1 of 3 iv) To pay the general damage to the plaintiff amount to Tsh. 20,000,000/=. v) To pay the plaintiff monthly pension fund accumulated since he retired from July, 2018 up to the decision date of this suit which approximate to Tsh. 30,000,000/= and its interest each month. vi) The cost of this suit be borne by the defendants. vii) Any other remedies deemedjust fit to grant to the plaintiff. When the suit was scheduled for hearing, plaintiff was represented by Mr. Emanuel Gervas, an advocate while Respondents were represented by Ms. Neema Mwaipyana Senior State Attorney while assisted by Anesius Kamugisha, State Attorney. Senior State Attorney, Ms. Mwaipyana was first to address this court and inform that parties have settled that matter and all have signed deed of settlement which was uploaded in Electronic Case
Management System (ecms). Mr. Gervas who represented the plaintiff (plaintiff was present in court) acknowledged that the deed was prepared and signed by both parties. He further submitted that the deed of settlement has terms and each party has to adhere to terms and that the terms shall bind parties. He further prayed for consent judgment to be bound by agreed terms. Page 2 of 3 From the deed of settlement which was filed on 29 November, 2024, 1st and 2nd defendants voluntarily agree to effect payment claimed by plaintiff to each other and to the plaintiff, they have set payment mechanism and recognize their settlement to have legal force as normal court decree as picked from Article 3.0 of signed deed of settlement. Since courts of law are vested with powers to facilitate and promote litigants to amicably dispute settlement pursuant to Article 107A of the Constitution of United Republic of Tanzania and since this matter was set for hearing and the court is informed that the parties have decided to settle, the parties' agreement to settle their dispute is accepted and the same shall bind each of them as signed and expressed on deed of settlement. The plaintiffs' suit is hereby marked settled upon agreed terms herein recorded from parties and from deed of settlement which form part of this consent judgment. Each part shall bear its own costs. It is so order. M. L. KOMBA Judge 04 December, 2024 Page 3 of 3
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