Land Case No

THE UNITED REPUBLIC OF TANZANIA

LAND DIVISION

AT PAR ES SALAAM LAND CASE NO. 286 OF 2023 SHABANI SAIDI MCHUMIRA.......................................... PLAINTIFF

VERSUS COMMISSIONER FOR LAND.................................... 1st DEFENDANT ATTORNEY GENERAL............................................... 2ndDEFENDANT TEMEKE DISTRICT MUNICIPAL.............................. 3rd DEFENDANT EDWIN DAMASEMI (as a legal personal Representative of the late Damasen Domisian Msamala)............. ...... ...... .................4THDEFENDANT

CONSENT JUDGMENT (Deed of Settlement) Date of last Order: 30/09/2024 Date ofJudgment: 18/11/2024 LALTAIKA, J The Plaintiff herein SHABANI SAIDI MCHUMIRA instituted this suit against the Defendants for judgment and decree as follows: Page 1 of 5 i. A declaration that the plaintiffis a lawful owner ofplot No. 428Block I, which the 3rd and 4th Defendants describe as Plot No. 428A/1035 Block I, situated waiies area at the ward of Miburani in Temeke Municipality within the city of Dar es Salaam. ii. The 4th Defendants be ordered demolish his House structure and remove the debris from land and to pay the Plaintiff general damages of Tsh. 500,000,000/= being loss of the time loss and disturbances as per paragraph No. 6 of the plaint and. Hi. An order against the 3rd and 4th defendants to compel them to recognize the plaintiff is the lawful owner of the suit land. iv. An order against the 3d and 4h defendants to give vacant possession of the disputed land to the plaintiff. v. An injunction to restrain the 4h Defendant from interfering with the plaintiff's occupation of the suit land. vi. Costs of the suit. vii. Any other relief as the Hon. Court would deem fit to grant. When the suit was called for mention on 30/09/2024, Abdallah Ibrahim Pazi Holder of Power of Attorney for the Plaintiff informed this Court that parties had reached an amicable solution upon before a Mediator Judge. Mr.

Pazi, however, appeared uncertain on the way forward as he was yet to receive a copy of the deed of settlement from a learned State Attorney Page 2 of 5 who was representing the 2nd and 3rd Defendants. Having obtained the duly signed Deed of Settlement, albeit in Kiswahili, I proceed as hereunder. In the event of the status given, this Court is guided by Order XXIII rule 3 of the Civil Procedure Code, Cap.33 of R.E of 2019 that: "Where it is proved to the satisfaction of the Court that a suit has been adjusted wholly or in part by any lawful agreement or compromise, or where the defendant satisfies the plaintiffin respect of the whole or any part of the subject matter of the suit, the court shall order such an agreement, compromise or satisfaction to be recorded, and shall pass a decree in accordance there with so far as it relates to the suit." Consequently, I proceed to adopt the terms and conditions of the Deed of Settlement dated the 25th day of April 2024, to form part and parcel of this consent judgment as appearing herein below: - IN WITNESS WHEREOF, the parties hereto acting through their authorized officers or representatives or directly themselves have executed this deed of settlement on the day and year as above written in the following manner appearing NOW THEREFORE, both parties hereto agree as follows: - 1. Kwamba, Pande zote zitaheshimu mipaka Hiyopo kwa mujibu

wa vipimo vya sasa vilivyopo katika had ya umi/iki ya Kiwanja Na. 1035 Kita/u I cha Mdaiwa namba 4 (Edwin Damaseni) na ramani ya upimaji namba E1217/564 yenye usaji/i Na. 68525 Page 3 of 5 2. Kwamba, Mdaiwa namba 4 atarekebisha mpaka wa eneo lake kwa kuondoa matoleo ya ukuta na ngazi na paa linalomwaga maji upande wa mdai na kuachia ukuta ambao utatenganisha pande mbili. Zoezi Htafanyika kab/a ya mwisho wa mwezi December 2024.

3. Kwamba, mdai atape/eka maombi yake kwa mdaiwa namba 3 ya kupima upya eneo lake kwa muhibu wa ramani ya upimaji namba E121/564 yenye usajili na. 68525 Hi kukamilisha taratibu zote za upimaji na umilikishaji wa eneo lake.

4. Kwamba, kwa makubaliano haya utakuwa ni mwisho wa mgogoro huu hapatakuwa na mgogoro tena kati ya pande zote zi/izohusika katika mgogoro huo. Therefore, I hereby declare the executed Deed of Settlement effective from the date when it was lodged in this court, that is, on 25th day of April 2024, binds all parties herein and to the subsequent applications or suits arising from the same cause of action. Henceforth the deed of settlement entered is accordingly recorded and form part of this Consent Judgment as held by the Court of Appeal in the case of Motor Vessel Sepideh and Another v. Yusuph Mohamed Yusuph and two Others, Civil Application No. 237 of 2013, (Unreported) thus: "Where there is a lawful agreement or compromise, the Court is bound to record settlement once it arrived by the parties." Page 4 of 5 In lieu of the foregoing, the present matter is marked amicably settled to the extent of the deed of settlement reached by the parties as per terms and conditions therein, hence withdrawn from the court records. It is so ordered. Judgment delivered in Chambers this 18th day of November 2024 in the absence of Parties. Page 5 of 5