SILANGA KIMOLA CONSTENT AGREEMENT

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (SHINYANGA SUB-REGISTRY) AT SHINYANGA LAND CASE NO. 20240125000001447 SILANGA KIMOLA KAZI……….…………...…....………..………1 ST PLAINTIFF SENI SILANGA KIMOLA …..................................................2ND PLAINTIFF VERSUS BARIADI TOWN COUNCIL……………….……..….….….....…. 1ST DEFENDANT ATTORNEY GENERAL ………...............................................2ND DEFENDANT CONSENT JUDGEMENT Date of last order 11.12.2024 Date of Judgment 11.12.2024 MWAKAHESYA, J.: This consent judgment arises from a settlement agreement entered upon by the parties to this suit. The same was filed before this court on the 06th day of December, 2024. The plaintiffs herein filed a suit against the defendants claiming ownership of a piece of land measuring six (6) acres located in Bundilya Street – Mjahida, Isanga Ward within Bariadi Town Council in Simiyu Region valued TZS 7,000,000/= (the suit land). The suit land borders to a High Way Road (Tarmac Road) on the eastern side, Mama Mili, Mwanza Koloboyi and Jojo Skilikale on the western side, Magongo Miselya and Bugari Oil Mill on the Northen side and Chenya Makulu on 1 the southern side. The first defendant, Bariadi Township Council, resisted the plaintiffs’ ownership and was adamant that the suit land belonged to her. The said land having been registered as Plot No. 26 Block “C” and to her it measures 112,411 meters square. The first defendant had proceeded to issue a permit for construction of a school. Due to the above rival claims, the plaintiffs prayed for judgment and decree against the defendants jointly and severally as follows: - 1. Declaration that the said land in dispute belongs to the Plaintiffs; 2. Order for eviction of the defendants from the disputed land; 3. Order for demolition of the building in the disputed land; 4. Order for compensation to the Plaintiffs for unlawfully entering possession into the plaintiffs’ land; 5. Payment of general damage to be assessed by Court; 6. Cost to be provided; and 7. Any other relief as the Court may deem fit and just to grant for interest of justice. When the matter came for hearing on the 11th December, 2024 Mr. Geofrey Tulli, Advocate for the Plaintiffs informed this court that the parties have decided to settle the matter out of court and have already signed a deed of settlement and filed the same on 06th December, 2024 in the eCMS portal. Mr. Mussa Mpogole (Senior State Attorney) who entered appearance for the defendants affirmed that, that was the correct position. 2 Therefore, the parties prayed this case be marked settled by the parties’ cordial consent. Both parties urged this court to record the settlement agreement and pass a decree to that effect. Since both parties have agreed to settle this matter amicably, in the event therefore, and in light of Order XXIII, rule 3 of the Civil Procedure Code, which provides 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 plaintiff in 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 therewith so far as it relates to the suit." And as intimated in the case of the Court of Appeal in Motor Vessel Sepideh & Another vs Yusuf Mohamed Yusuf & Others (Civil Application No. 237 of 2013) [2015] TZCA 346 (1 July 2015), where the Court held that: “Where there is a lawful agreement or compromise, the court is bound to record a settlement once it is arrived at by the parties” 3 This Court therefore, proceeds to adopt the terms and conditions of the registered “Deed of Agreement and Compromise of a Suit” (the deed) to form part and parcel of this Consent Judgement. The Terms and Conditions of the deed are reproduced verbatim hereunder: “DEED OF AGREEMENT AND COMPROMISE OF A SUIT (Made under Order xxiii Rule 3 of the Civil Procedure Code Cap. 33 R.E 2019) WHEREAS the Plaintiffs instituted a Land Suit in the High Court of Tanzania (Shinyanga District Registry) and registered as Land Case No. 1764 of 2024 between the parties herein claiming among other things: - a) Declaration that the said land in dispute belongs to the Plaintiffs. b) Order for eviction of the defendants from the disputed land. c) Order for demolition of the building in the disputed land. d) Order for compensation to the Plaintiffs for unlawfully entering possession into the Plaintiffs’ land. e) Payment of general damages to be assessed by the Court. f) Costs to be provided. g) Any other relief as the court may deem fit for the court to grant for the interest of Justice. Whereby, the Defendants filed a Written statement of defence denying the whole suit and moved the court for dismissal of the same. AND WHEREAS when the case is scheduled for the first hearing on 03 rd December,2024 the parties herein have agreed to settle the matter out of court of their own free will. 4 NOW THEREFORE, in consideration of the promises and mutual covenants of the parties hereto as set forth hereinafter, it is AGREED and DECLARED to settle the claims on terms and conditions to be recorded and be deemed a decree of the Court. NOW THEREFORE THIS DEED WITNESS AS FOLLOWS: i. That, the Plaintiffs and the Defendants have agreed to settle the dispute of this suit in terms, conditions and covenants as hereinafter appearing. ii. That, irrevocably the parties agreed that the disputed land is comprised of a total size of six 6 acres located at Bundilya Street, Majahida Isanga Ward, Bariadi Town Council, Simiyu Region, and it’s as per paragraph 5 of the Plaint value make a total sum of Tanzanian Shillings Seven Million Only (TZS. 7,000,000/=) only; herein called the claim amount in the land Case No. 1764 of 2024. iii. That, Plaintiffs agree to settle the dispute amicably by the 1 st defendant depositing the claim amount a total of Tanzania Shillings Seven Million Only (Tzs.7,000,000/=) in the 1st Plaintiff’s NBC bank Account number 091171011556 namely SENI SILANGA KIMOLA (for both Plaintiffs) in full compensation for acquiring the whole disputed land as pleaded at paragraph ii above. iv. That, in anyhow the depositing of the claim amount valued make Tanzania Shillings Seven Million Only (Tzs. 7,000,000/=) by the 1st defendant to the 1st Plaintiff’s NBC bank Account number 091171011556 namely SENI SILANGA KIMOLA shall portray admission of the claim or facts and the prayers pleaded in the Land Case No. 1764 of 2024. 5 v. That, all the money to be paid shall be paid through the 1 st Plaintiff’s NBC bank Account number 091171011556 namely SENI SILANGA KIMOLA Bariadi, Simiyu and not otherwise. vi. That, the 1st Defendant has agreed to pay the Plaintiffs a total sum of Tanzania Shillings Seven Million (Tshs. 7,000,000/=) only in full satisfaction of the claims against him (the 1 ST Defendant) which sum the Plaintiffs hereby accepts full settlement on the part of the defendants. vii.That, upon receipt of the above-mentioned sum of Tzs Tanzania shillings Seven million Only (Tsz.7,000,000/=) from the 1st defendant; the plaintiffs will not have any other claims whatsoever against the defendants which is subject of this suit. viii. That, the sum of TZS. Seven million (7,000,000) to the Plaintiffs’ bank account and the latter shall relinquish all rights and interests on the said disputed land and all surrounding area comprising a total size of six acres and it located at Bundilya Street, Majahida Isanga ward, Bariadi Town Council, Simiyu Region. ix. That, the parties irrevocably agree that from the date of signing this Deed of Settlement, the Plaintiffs shall not partake in any negotiations or transactions regarding the disputed land comprised of six acres. x. That, the 1st Defendant shall not pay the Plaintiff any other payments apart from what have been stated herein under paragraphs 2 and 3 herein above. xi. That, once this Deed of Settlement and Compromise of the Suit is filed, the Court shall issue a Consent Decree thereof and the matter shall be marked settled in terms and conditions hereinabove stipulated. 6 xii. This Agreement shall be effective on the date it shall be signed by both parties and upon executing this Deed, the Plaintiff shall withdraw the suit in line with the terms and conditions of this Agreement. xiii. This Deed constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes, revokes, cancels and makes void all prior negotiations, discussions and agreements and all documents signed and or written in favour of the Plaintiffs. xiv. That, all penalties, interest or costs whatsoever relating to this suit are fully waived. xv.This deed shall be governed and construed in accordance with the Laws of the United Republic of Tanzania. IN WITNESS WHEREOF, this Deed has hereunto been executed and delivered in the day and manner hereunder appearing.” As indicated at Paragraph XI of the deed reproduced herein above, the parties have agreed that, the deed upon being filed in this court, shall have the same effect as a decree duly made by the court capable of being executed in the same manner as any other decree of the court. Likewise, the matter shall be marked settled along the terms and conditions stipulated above. Since the deed of settlement is in order and bearing in mind that both parties to the suit have freely and willingly consented to the same, it is hereby registered and forms part and parcel of this consent judgment of the court as well as its subsequent decree. 7 Consequently, this suit is therefore marked settled in light of the terms and conditions set out in the deed of settlement executed and filed before this court on the 06th day of December, 2024. It is so ordered. DATED at SHINYANGA this 11th day of December, 2024. N. L. MWAKAHESYA JUDGE 8