1165 SCANNED

IN THE HIGH COURT OF TANZANIA (LAND DIVISION) AT DAR ES SALAAM LAND CASE NO. 1165 OF 2025 REHEMA HAMZA CHEGEKA...............................................PLAINTIFF VERSUS MWANAID JUMANNE MCHUCHULI................................. DEFENDANT JUDGMENT ON ADMISSION 19/03/2025 A. MSAFIRI, J In this suit, the plaintiff claims against the defendant for a declaration that the plaintiff is the rightful owner of the Plot No. 325 Block C Mbweni Malindi, Kinondoni, Dar es Salaam (herein the suit property). The plaintiff claims that on 27th April 2011, she was allocated the suit property by the Office of the Commissioner for Lands here in Dar es Salaam and she paid the land allocation fees to the tune of TZS 5,549,528.00/=. The plaintiff claims further that, after allocation and fees payment, she started carrying out some developments over the suit property but on 09th June 2020, she discovered that the defendant has trespassed on the suit property. That the plaintiff requested the defendant to vacate the suit.A'|| i property but the defendant denied and she is claiming to be the owner of the suit property, the fact which is not true. On that basis the plaintiff pray for the judgment and Decree against the defendant as follows: 1. A declaration that the plaintiff is the rightful owner of the Plot No. 325 Block C Mbweni Malindi Kinondoni, Dar es Salaam, Tanzania. 2. An order of perpetual injunction against the Defendant from entering to the property which is situated Plot No. 325 Block C Mbweni Malindi Kinondoni, Dar es Salaam. 3. An order of payment of general damages following psychological and mental torture resulted from un occupation and demanding for the property which is situated at Plot No. 325 Block C Mbweni Malindi Kinondoni,Dar es Salaam, Tanzania thereto. 4. The defendant to pay the plaintiff costs of this suit. 5. Any other reliefs as this Honourable Court deems fit and just to grant. The plaintiff has filed her plaint in court and served the defendant accordingly. On 19th March 2025, parties to the suit appeared before the 2 court for mention. On that date, Mr Walter Goodluck, learned Advocate appeared for the plaintiff while the defendant appeared in person. Mr Goodluck informed the court that the defendant have not yet served the plaintiff with a copy of her defence. The defendant admitted that she has not filed her defence in court and she has no intention of filing the same since she is not challenging the plaintiff's claims and she is admitting the said claims. In her own words, the defendant told the court that she have no intention of dealing with the court process and she have not filed her defence for the reason that, she agrees with what the plaintiff claims and she is ready to leave the suit property to the plaintiff. She said further that she admit the claim/relief no.l where the plaintiff pray to be declared the lawful owner of the suit property. She said that she also agree with the claim/relief no.2 where the plaintiff seek for the perpetual injunction orders. However she prayed for court's leniency on claims No.3 and 4, on the payment of general damages and costs of the suit as she have nothing to pay the plaintiff. In response, Mr Goodluck prayed to the court to enter judgment on admission in favour of the plaintiff since the defendant has admitted the plaintiffs claims. He added that considering the defendant's condition and 3 financial situation, and circumstances of the dispute, he has no objection with the prayer for leniency by the defendant. The procedure where the defendant admits the claims of the plaintiff is set under Order XII Civil Procedure Code, Cap 33 R.E 2019 (the CPC). Rule 4 of the said Order provides that;- "Any party may at any stage ofa suit, where admissions of fact ha ve been made either on the pleading, or otherwise, apply to the court for such judgment or order as upon such admissions he may be entitled to, without waiting for determination of any other question between the parties; and the court may upon such application make such order, or give such judgment, as the court may think just." In that regard I find that the plaintiff's claims in the plaint have been admitted by the defendant, hence, the plaintiffs' prayers are granted save for the relief on order of payment of general damages and costs of the suit. The other reliefs have been adopted by this Court and are awarded to the plaintiff as follows:- i. The suit is granted following admission by the Defendant. ii. The Plaintiff is declared the rightful owner of Plot No. 325 Block C, Mbweni Malindi, Kinondoni Dar es Salaam, Tanzania. A// I' 4 iii. An order of perpetual injunction against the Defendant from entering the property which is situated at Plot No. 325 Block C, Mbweni Malindi, Kinondoni Dar es Salaam, Tanzania. iv. No order as to the costs. It is so ordered. A. MSAFIRI JUDGE 19/03/2025 5