MWANDU HINDISHI DEED OF SETTLEMENT

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (IN THE SUB REGISTRY OF SHINYANGA) AT SHINYANGA CIVIL CASE NO. 12964 OF 2024 MWANDU HINDISHI…............................................1ST PLAINTIFF NHUMBU HINDISHI………………………….………….2ND PLAINTIFF DAFUDA HINDISHI……………………….……………….3RD PLANTIFF TIMBWI SHINGO………………………………………….4TH PLAINTIFF MAYENGA KUDEBA……………………………………….5TH PLAINTIFF MASUNGA KUDEBA……………………………………….6TH PLAINTIFF KULWA KUDEBA….……………..……………………….7TH PLAINTIFF VERSUS KINGI SITA…………………………………….…………1ST DEFENDANT NKINGA WILLIAM……………….............................2ND DEFENDANT MADEDE MASULE……………………………………….3RD DEFENDANT CONSENT JUDGMENT 6th & 8th November, 2024 MASSAM, J: - This consent judgement emanates from deed of settlement dully signed by the Defendants and Plaintiff in this court on 5th November, 2024. The Plaintiffs instituted this suit against the above-named defendants praying for judgement and decree for following reliefs; - i. For the payment of the principal sum to a tune of Tshs 350,000,000/= as compensation for defamation. ii. The defendants be ordered to pay the plaintiffs general damages. 1 iii. Costs of this suit be paid by the defendants and iv. Any relief(s) this Honourable court may deem just and fit to grant. The plaintiffs were represented by Mr. Mshomari Isumbi Advocate while the defendants enjoyed the service of Mr. Majula Magembe learned counsel. On 6th November 2024 when the matter came for hearing parties informed the court that, by consent they had signed deed of settlement and prayed that this court to adopt the same as the decree of this court and mark this matter settled and proceed to issue consent judgment under Order XXIII Rule 3 of the Civil Procedure Code [Cap 33 R.E. 2019]. I have dispassionately gone through the deed of settlement dated 5th November 2024 which signed by both parties in terms of under Order XXIII Rule 3 of the Civil Procedure Code Cap. 33 RE 2019. I am satisfied that the same was mutually consented. In the view of the above the deed of settlement is hereby recorded and adopted to form part of consent judgment as prayed by the parties on the following orders: - 1. That, the plaintiffs and defendants have agreed to settle the matter out of the court. 2. That, the defendants have called the meeting on 4th November,2024 and cleared the plaintiffs through the Isebanda village meeting, and 2 have told all villagers that the plaintiffs are not witches and further to that are not using witchcrafts to hinder the development of Isebanda village including prohibiting fetching of water at the pond that is situated at the plaintiff’s land. 3. That, the defendants shall not defame the plaintiff again, and the defendants shall not make the plaintiffs be isolated by any means. By this consent decision, therefore, this court hereby declare that parties hereabove have resolved their dispute and this suit is marked settled on the compromise of the parties, as evidenced by the terms agreed under the said deed of settlement. For the reasons aforesaid the deed of settlement signed by the parties and filed in this court constitute the judgment and decree of this court. It is so ordered. DATED at SHINYANGA this 8th day of November, 2024. R. B. Massam JUDGE 3