SELEMANI ABDALLAH CHONGWESCANNED

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (LAND DIVISION) AT DAR ES SALAAM LAND CASE NO.3955 OF 2024 SELEMANI ABDALLAH MWALIMU......................................... PLAINTIFF VERSUS MWALIMU RASHIDI CHONGWE alias HURUKA RASHIDI....................... 1st DEFENDANT DAR ES SALAAM CITY COUNCIL.................................. 2nd DEFENDANT THE ATTORNEY GENERAL........................................... 3rd DEFENDANT CONSENT JUDGMENT 2Cfh August 2024 L, HEMED, J, On 12th February, 2023 the plaintiff filed this suit against, the defendants praying for the judgment and decree as fol lows:- "7. The declaration that the plaintiff is a lawful owner of the suit property. 2. The 1st Defendant be ordered to give vacant possession of the suit property forthwith. 3. The 1st Defendant be ordered to revoke the residential licence issued to the 1st defendant 4. The 1st Defendant be ordered to pay mesne profit to the tune of Tshs 1,000,000/= per month from January 1, 2014 till the day of giving vacant possession of the suit land. i 5. That the 1st Defendant be ordered to pay interest on the amount above at a commercial rate annually from the date the cause of action arose to the date ofjudgement. 6. The 1st defendant be ordered to pay interest at Court rate from date ofjudgement to the date offull satisfaction of the Court decree. 7. Payment ofgeneral damages to be assessed by this Court 8. Costs of the suit." Briefly, the Plaintiff claims to be the lawful owner of the suit property located at Mtambani Street, Vingunguti Ward, Hala Municipality in Dar es Salaam. It is alleged that, the plaintiff, while working for Tanzania Zambia Railway Authority (TAZARA) as foreman in Civil Engineering Department, purchased the disputed land and later built a residential house therein. After his retirement from TAZARA moved to Morogoro and left the disputed house to his younger brother, the 1st Defendant as care taker. In 2014 the 1st Defendant, without the consent of the Plaintiff, registered in his name through the Residential License Number 025987: ILA/ VNG/ MTN19/125. The plaintiff further alleged that, the 1st Defendant forged the purchasing documents which were used to procure the residential licence. 2 The matter proceeded exparte against the 1st Defendant who could not file written statement of defence or enter appearance despite being duly served. On their part, the 2nd and 3rd defendants, disputed the claims alleging that the suit land belongs to the 1st Defendant. In the course of deterring the matter the plaintiff, the 2nd and 3rd defendants, amicably settled the dispute and filed the Deed of Settlement. On 15th July, 2024 they appeared before the trial judge where it was recorded as follows: - z7. That, the Plaintiff shall apply to the 2nd Defendant for a Residential License of the Landed property in dispute following the police investigation report dated 09 July, 2024 with reference Number BD/47/964/01/11 regarding the criminal investigation against the 1st Defendant on forgery charges in respect to the documents used by 1st Defendant in applying for a residential Licence of the landed property in dispute. 2. That, the 2nd and 3rd Defendants shall issue revocation notice in the Gazette to cancel or revoke the Residential License issued by the 2nd Defendant to the 1st Defendant with regard to the landed property in dispute. 3. That, after expiry of the statutory period of the revocation notice, the 2nd and 3d Defendants shall issue a Residential License to the Plaintiff. 4 That, the Plaintiff shall be responsible to pay all fees for issuance of new Licence. 5. That, the Plaintiff shall have no claim against the 2nd and 3rd Defendants in respect to the issuance of the residential license of the landed property in dispute to the 1st Defendant. 6. That, each party shall bear his or its own costs." Having recorded the consent settlement, the court do hereby enter Consent Judgment and orders that:- 1. The Plaintiff to apply to the 2nd defendant for a Residential License of the Landed Property in dispute. 2. The 2nd and 3rd defendant to issue revocation notice in the Gazette to cancel or revoke the Residential License issued by the 2nd Defendant to the 1st Defendant. 3. The 3rd Defendant to issue Residential Licence to the Plaintiff after expiry of the statutory period of the revocation notice. 4. The Plaintiff to pay all fees for issuance of new License. 5. Each party to bear its own costs. It is so ordered. 4 DATED at DAR ES SALAAM this 20th day of August, 2024. / OiEMEDk f c U B /J-i" ■IS iff- JUDGE X *’ 5