ndenlyimbi joseph ngiloi vs national housing corporations limited another 2022 tzhclandd 12445 10 october 2022
- Citation
- ndenlyimbi joseph ngiloi vs national housing corporations limited another 2022 tzhclandd 12445 10 october 2022
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TANZLII
- Decision
- 10 October 2022
- Posture
- Land Case / Consent Judgment
- Language
- English
More details
- Court
- TANZLII
- Decision
- 10 October 2022
- Posture
- Land Case / Consent Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Deed of Settlement filed by the parties conforms to the requirements of Order 23 Rule 3 of the Civil Procedure Code, and thus the court records the settlement as a compromise of the entire suit, marking the matter as settled.
Court disposition
Suit marked as settled by consent judgment based on the Deed of Settlement.
Orders
- The Deed of Settlement is recorded as a compromise of the entire suit.
- The suit is marked settled on the basis of the Deed of Settlement.
- The Deed of Settlement forms part of the consent judgment and decree.
02
Material facts
Parties
Ndenlyimbi Joseph Ngiloi
Plaintiff Counsel: Mr. SemuNational Housing Corporations Limited
1st Defendant Counsel: Ms. Lucy KimaryoThe Attorney General
2nd Defendant Counsel: Ms. Lucy Kimaryo03
Procedural history
Posture
Land Case / Consent Judgment
04
Questions and positions
Legal issues
- 01
Whether the dispute between the parties can be settled by a Deed of Settlement
- 02
Whether the Deed of Settlement conforms to Order 23 Rule 3 of the Civil Procedure Code
Party arguments
- Applicant
- The parties have reached a settlement and filed a Deed of Settlement in court, requesting the matter be marked as settled.
- Respondent
- The defendants agree to the settlement and request the court to record the Deed of Settlement as ending the suit.
05
Court’s reasoning
Legal principles
- 01
Order 23 Rule 3 of the Civil Procedure Code Cap. 33 [R.E. 2019]
A suit may be compromised wholly or in part by a lawful agreement or compromise in writing and signed by the parties, which shall be recorded by the court.
06
Ratio, limits and disposition
Ratio decidendi
The Deed of Settlement filed by the parties conforms to the requirements of Order 23 Rule 3 of the Civil Procedure Code, and thus the court records the settlement as a compromise of the entire suit, marking the matter as settled.
Court disposition
Suit marked as settled by consent judgment based on the Deed of Settlement.
- The Deed of Settlement is recorded as a compromise of the entire suit.
- The suit is marked settled on the basis of the Deed of Settlement.
- The Deed of Settlement forms part of the consent judgment and decree.
Source and reliance status
TANZLII · 10 October 2022
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· 10 October 2022
IN THE HIGH COURT OF TANZANIA (LAND DIVISION)
AT PAR ES SALAAM LAND CASE NO. 08 OF 2022 NDENLYIMBI JOSEPH NGILOI...................................................... PLAINTIFF
VERSUS NATIONAL HOUSING CORPORATIONS LIMITED................. 1st DEFENDANT THE ATTORNEY GENERAL......................................................2nd DEFENDANT
CONSENT JUDGMNET Date of last Order: 10.10.2022 Date of Judgment: 10.10.2022 A.Z.MGEYEKWA, J This Land Case was filed in this Court on 19th January, 2022. However, after mediation and before a Final Pre - Conference, the parties on 31st August,, 2022, prayed for several adjournments in order to settle the dispute. On 10th October 2022, Mr. Semu, learned counsel for the Plaintiff, and Ms. Lucy Kimaryo, assisted by Ms. Mwakajanga, learned State Attorneys for the Defendants, appeared before me and both parties entered into an 1 agreement to settled the dispute. To that effect, they prepared a Deed of Settlement duly signed by all parties and the same was filed in Court. The two counsels 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 on the basis of 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 10th October, 2022. A.Z.MGEYEKWA
JUDGE 10.10.2022 2 Judgment delivered on 10th October, 2022 in the presence of Mr. Semu, learned counsel for the Plaintiff and Lucy Kimaryo, assisted by Ms. Mwakajanga, learned State Attorneys for the Defendants. A.Z.MGEYEKWA
JUDGE 10.10.2022 3
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