margareth matilda vs adam hassan chande and six others 2022 tzhc 15418 15 december 2022

margareth matilda vs adam hassan chande and six others 2022 tzhc 15418 15 december 2022

The matter is marked settled on the basis of a mutually agreed Deed of Settlement, which is adopted as a consent judgment and decree of the court, binding all parties and enforceable as a court decree.

Citation
margareth matilda vs adam hassan chande and six others 2022 tzhc 15418 15 december 2022
Parties
Plaintiff: Margareth Matilda; 1st Defendant: Adam Hassan Chande; 2nd Defendant: Juma S Kachemela; 3rd Defendant: Harrieth N. Banzi; 4th Defendant: Narsis Boni Shao; 5th Defendant: Morogoro Municipal Council; 6th Defendant: Commissioner for Lands; 7th Defendant: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 December 2022
Procedural Posture
Land Case / Consent Judgment (settlement at Mediation)
Outcome
Case amicably settled by consent judgment; suit marked finalized and settled.
Legal Topics
Land Ownership, Compensation, Deed of Settlement, Court Approved Settlement
Source Language
English
Land Law Civil Procedure Land Ownership Compensation Deed of Settlement Court Approved Settlement

Case Brief

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Parties

Margareth Matilda

Plaintiff

Adam Hassan Chande

1st Defendant

Juma S Kachemela

2nd Defendant

Harrieth N. Banzi

3rd Defendant

Narsis Boni Shao

4th Defendant

Morogoro Municipal Council

5th Defendant

Commissioner for Lands

6th Defendant

Attorney General

7th Defendant

Procedural Posture

Land Case / Consent Judgment (settlement at Mediation)

Legal Issues

  1. 1 Whether the acquisition and transfer of Plot No. 4, Block E, Msamvu, Morogoro was unlawful
  2. 2 Whether the plaintiff is entitled to ownership and compensation for the disputed plot

Ratio Decidendi

The matter is marked settled on the basis of a mutually agreed Deed of Settlement, which is adopted as a consent judgment and decree of the court, binding all parties and enforceable as a court decree.

Court Disposition

Case amicably settled by consent judgment; suit marked finalized and settled.

Orders

  • Plaintiff to be compensated with two adjacent medium density plots at Kiegea B, Morogoro Municipal by the 5th and 6th defendants within 12 months.
  • Upon receipt of the plots, plaintiff relinquishes all claims regarding the subject matter of the suit.