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Tanzania Judgment

TANZLII

CONSENT JUDGMENT SAMSON ISUCHA

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The matter was settled by consent; defendant admitted liability and agreed to pay the debt in installments as per the terms submitted by both parties, forming the basis of the court's decree.

Court disposition

Matter settled by consent; judgment entered per settlement terms.

Orders

  • Defendant to pay TZS 151,280,250 in three installments of TZS 50,426,750 each on 30.8.2025, 30.8.2026, and 30.8.2027.
  • Each party to bear its own costs.
  • Settlement terms form part of the consent judgment and decree.

02

Material facts

Parties

The Board of Trustees of Agricultural Inputs Trust Fund

1st Plaintiff Counsel: Mr. Hosea

Attorney General

2nd Plaintiff

Samson Isucha Ng’walida

Defendant Counsel: Mr. Nasimire

Amounts and remedies

  • Admitted Debt: TZS 151,280,250
  • Installment Amount: TZS 50,426,750

03

Procedural history

  1. Posture

    Land Case / Consent Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
Plaintiffs claimed breach of loan agreement, sought declaration of breach, payment of TZS 296,241,052.50, sale of mortgaged property, general damages, and costs.
Respondent
Defendant admitted liability for TZS 151,280,250 and agreed to pay in three installments; parties settled amicably.

05

Court’s reasoning

  1. 01

    Tanzanian civil procedure law

    Consent judgments are binding and enforceable as decrees of the court.

06

Ratio, limits and disposition

Ratio decidendi

The matter was settled by consent; defendant admitted liability and agreed to pay the debt in installments as per the terms submitted by both parties, forming the basis of the court's decree.

Court disposition

Matter settled by consent; judgment entered per settlement terms.

  • Defendant to pay TZS 151,280,250 in three installments of TZS 50,426,750 each on 30.8.2025, 30.8.2026, and 30.8.2027.
  • Each party to bear its own costs.
  • Settlement terms form part of the consent judgment and decree.

Source and reliance status

TANZLII · 29 August 2024

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Judgment reading view

Judgment text

The complete available source text.

Source document

TANZLII

Judgment· 29 August 2024

CONSENT JUDGMENT SAMSON ISUCHA

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA

MWANZA SUB REGISTRY

AT MWANZA LAND CASE NO. 11 OF 2023

THE BOARD OF TRUSTEES OF AGRICULTURAL INPUTS TRUST FUND ……………….………….. 1ST PLAINTIFF ATTORNEY GENERAL …………………….………..………………… 2ND PLAINTIFF

VERSUS SAMSON ISUCHA NG’WALIDA …………………….…………………. DEFENDANT

CONSENT JUDGMENT 29th August 2024 CHUMA, J. The Plaintiff in this matter filed a suit claiming for the judgment and decree against the Defendant as follows; (a) A declaration that the Defendant is in breach of the Loan Agreement between the 1st Plaintiff and the Defendant dated 25th October, 2016. (b) An order for payment of TZS. 296,241,052.50 being the money which Defendant owes the 1st Plaintiff after the default. (c) An order for sale of a mortgaged property known as Plot No. 15, registered under Certificate of Title Number 41929, situated in the Mjini Kati area within Mwanza City in which the 1st Plaintiff is 1 entitled following Defendant’s failure to honor his contractual obligations accordingly, hence default. (d) General damages to the tune of TZS 10,000,000/= arising from disturbance and failure to use the money due to provide loans to other individuals. (e) Costs of suit. (f) Any other relief(s) this Honourable Court may deem fit and just to grant. Today on 29.8.2024, Mr. Nasimire Learned advocate for the defendant and Mr.Hosea legal officer for the first plaintiff addressed the court that, the parties had redirected their mutual minds towards an amicable settlement of their matter. Eventually, the parties submitted the following terms as their agreement; 1. That the defendant admits liability for the 1st plaintiff to the tune of TZS. 151,280,250/=.

2. That the defendant undertakes to pay the debt in three installments to the tune of TZS. 50,426,750/= per instalment.

3. That the first installment shall be paid on 30.8.2025. The second installment has to be effected on 30.8.2026 and the last installment is to be paid on 30.8.2027. 2 4. That each part to shoulder its own costs. Having gone through the terms agreed by the parties as per their submission, I am satisfied that, the parties to this matter have unequivocally settled their matter amicably. Therefore, the court enters Consent Judgment per consensus terms herein. Accordingly, it is hereby ordered that the above terms of settlement form an integral part of this Consent Judgment, in effect, therefore, it shall form a Decree of the Court capable of being executed in line with the law. It’s so ordered. DATED at MWANZA this 29th day of August 2024. W. M. CHUMA

JUDGE 3 Consent judgment delivered in court before Mr. Benson Hosea for the 1st and 2nd Plaintiff and Mr. Nasimire advocate for the Defendant this 29th day of August, 2024. W. M. CHUMA

JUDGE 4

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