mac contractors company limited vs dar es salaam city council another 2022 tzhclandd 705 28 july 2022

IN THE HIGH COURT OF TANZANIA (LAND DIVISION)

AT DAR ES SALAAM LAND CASE NO. 96 OF 2020 MAC CONTRACTORS COMPANY LIMITED.................................. PLAINTIFF

VERSUS DAR ES SALAAM CITY COUNCIL........................................ 1st DEFENDANT THE ATTORNEY GENERAL................................................ 2nd DEFENDANT

CONSENT JUDGMENT Date of last Order: 28.07.2022 Date of Judgment: 28.07.2022 A.Z.MGEYEKWA, J This Land Case was filed in this Court on 8th June, 2020. However, after mediation and before a Final Pre - Conference, the parties on 22nd April, 2022, prayed for several adjournments to settle the dispute. Finally, on 28th July, 2022, Mr. Gwamaka Mwaikugile, learned counsel for the Plaintiff, and Ms. Neisha Shao and Mr. Jeremiah, learned State Attorneys for the Defendants, appeared before me and both parties entered into an agreement to settle the dispute. To that effect, they prepared a Deed of Settlement duly signed by all parties, and the same was filed in Court on 28th July, 2022. The two advocates representing the parties informed the Court that the matter should be marked settled since the parties have filed a "Deed of Settlement" in Court. The parties have further requested me to record it as one that brings the suit to an end. I have looked at the Deed of Settlement filed in this Court and I am convinced that the Deed of Settlement does conform to the requirements of Order 23 Rule 3 of the Civil Procedure Code Cap. 33 [R.E. 2019]. I, therefore, proceed to record the Deed of Settlement as constituting a compromise of the entire suit which is now marked settled based on the terms appearing on the Deed of Settlement filed in this Court. The Deed of Settlement shall hence, therefore, be part and parcel of this Consent Judgment and Decree of the Court. Order accordingly. Dated at Dar es Salaam this date 28h July, 2022.

EKWA GE 7.2022 Judgment delivered on 28th July, 2022 in the presence of Mr. Gwamaka Mwaikugile, learned counsel for the Plaintiff, Ms. Naisha Shoo, and Mr. Jeremiah, learned State Attorneys for the Defendants. $ A.ZLMGEYEKWA / WlUDGE 28.07.2022 Right to appeal fully explained.