consent judgment salama ayoob

IN THE HIGH COURT OF TANZANIA (MWANZA SUB-REGISTRY) AT MWANZA LAND CASE NO.27468 OF 2023 SALMA AYOOB ELIAS @ SALMA F. CHCHATBAR……………………PLAINTIFF VERSUS SAMEER AYOOB ELIAS……….…………………………………………DEFENDANT CONSENT JUDGMENT 19th June, 2024 KAMANA, J. This consent judgment emanates from the suit between two siblings instituted by Ms. Salma Ayoob Elias @ Salma F. Chhatbar against Mr. Sameer Ayoob Elias. The conflict is over the ownership of a house on Plot No.97 Block G located at Mission Street, Uhuru Road in Mwanza City with Certificate of Title No.033027/38. The plaintiff alleges that she is the lawful owner of 75 percent of the house after purchasing the same in 1992 with his late mother from Mr. Khalid Abeid. She further alleges that the said property was transferred to the defendant out of convenience. On his part, the defendant alleges that he is the lawful owner of the property after purchasing it from Mr. Abeid. During the preliminaries, the parties saw the importance of resolving their disputes amicably. In a sit-down, the parties resolved to 1 have a deed of settlement. The same was prepared and filed on 18th June, 2024. On 19th June, 2024 when the matter was called on for necessary orders, Mr. Constantine Mutalemwa, learned Counsel for the defendant informed the Court about the filed deed of settlement and beseeched this Court to adopt it as its judgment. Mr. Mutaihwa, learned counsel for the plaintiff supported the prayer. I have gone through the deed of settlement and in terms of Order XXIII Rule 3 of the Civil Procedure Code, Cap.33 [RE.2019], I am satisfied that the same was mutually consented to. Given the above, the deed of settlement is hereby recorded and adopted to form part of the consent judgment as prayed by the parties on the following orders: 1. The suit premises on Plot No.97 Block G located at Mission Street, Uhuru Road in Mwanza City with Certificate of Title No.033027/38 be sold at the price which will be agreed by the parties. 2. The proceeds accrued from the sale of the suit premises be shared between the parties whereby the plaintiff will get 35 percent and the defendant will get 65 percent. 3. Once the intended buyer is procured and when the sale price is agreed by both parties, all sale documentations shall be witnessed by Mr. Constantine Mutalemwa, Advocate and the buyer shall be directed, in the sale agreement, to pay to the plaintiff and the 2 defendant their respective percentages that is to say 35 percent and 65 percent through their bank accounts. It is so ordered. DATED at MWANZA this 19th day of June, 2024. KS KAMANA JUDGE 3