20171012 TZHC Mbeya

IN THE HIGH COURT OF TANZANIA

AT MBEYA ) LAND APPEAL NO. 75 OF 2016 (From the Decision of the District Land and Housing Tribunal of MBEYA District at MBEYA in Land Case No. 57of 2015) 1VI OSES MGAYA @ SUNGLJR..A .................................. APPELLAN1'

VERSUS RASHID IVIATANJELA .......................................... R.ESPONDEN'I'

JUDGMENT Date of last Order: 11/10/2017 Date of Judgment: 1211012017 A.F. NGWALA, J: The parties in this Appeal have resolved their difference out of the court. This court has observed the Deed of Settlement. The appellant was represented by Miss Marunda, learned Advocate. The respondent was represented by Mr. Kyando and Miss Gatuna learned Advocates. The parties and their respective advocates have unequivocally agreed that the terms and conditions contained in the Deed of Settlement be endorsed as the Judgment and Decree on Appeal. Accordingly this court endorses the Judgment and Decree as follows:- 1 4' .

1. The respondent Moses Mgaya Sungura shall pay Tshs.3,000,000/= Tanzania shillings three million only as full and payment of the cost and price of the suit premise. The respondent shall pay Tshs. one million in cash on 16th day /9of Octobe and the remaining sum of Tanzania Tshs two million shall be paid in monthly installments of one Hundred and fifty thousand shilling only with effect from the 1st day of September, 2017 The respondent will not ........-,jthe_suit premises and surrender ownership to the appellant upon full payment of the decreed amount. Failure to comply with the aforementioned terms and condition shall enforcement of the decree and or execution of Decree of the court. Order accordingly. t, A.F. Ngwala Judge 12/10/2017 2