the registered trustees of tanzania young mens christian association ymca vsfatel anderson swai and another 2021 tzhc 2438 23 february 2021

IN THE HIGH COURT OF TANZANIA (LAND DIVISION) AT DAR ES SALAAM- MEDIATION CENTRE LAND CASES NO. 275,276 and 277 OF 2015 THE REGISTERED TRUSTEES OF TANZANIA YOUNG MEN'S CHRISTIAN ASSOCIATION (YMCA)...................... PLAINTIFF VERSUS FATAEL ANDERSON SWAI...................... 1st DEFENDANT ROSEMARY MUKUSU..................................... 2nd DEFENDANT CONSENT SETTLEMENT ORDER The parties having consented to settle this case through mediation, now agree as follows: 1. That the plaintiff and defendants have agreed that from the signing date of this Consent Settlement Order, with their own free consent they have decided to amicably settle their dispute once and for all by mutual agreement in that the claims in the plaints and Counter Claims are relinquished in all consolidated Land Cases No. 275, 276 & 277 of 2015. 2. That the parties have also agreed that the defendants with their own free consent have to vacate from the disputed premises within a period of four (4) month commencing from date of this Consent Settlement Order. 3. That the Plaintiff and the Defendants have mutually agreed that the Defendants will remove all their alterations they made in the disputed premises at their own expense and cost without altering the Plaintiff's structural shape. 4. That it is further mutually agreed that the defendants will be given four (4) month's grace period to enable them remove or take away their properties fixed in the disputed premises. 5. That in event the defendant fail to remove the alteration and vacant within 4 months the plaintiff shall take over the suit premises without further notice to the defendants i i 6. That the terms of this Consent Settlement Order be recorded as a decree of this court and be enforceable as such. 7, That each party has to bear its own costs. THE REGISTERED TRUSTEES OF TANZANIA YOUNG MEN'S CHRISTIAN ASSOCIATION (YMCA) STEWART LYATUU Signature (Plaintiff) Signature (1st Defendant) Address P.O.Box 767 Address P.O.Box 186 DAR ES SALAAM DAR ES SALAAM Mob: 0786-376308 Mob: 0685799977 Date: 23/2/2021 Date: 23/2/2021 ELISARIAJ. MOSHA ROSEMARY MUKUSU Signature (Plaintiff) Signature (2nd Defendant') E.J Mosha & Co. Advocate Address P.O.Box 2521 1st Floor, Masdo House, DAR ES SALAAM Samora Av/Azikiwe Street Mob: 0718 866141 Address P.O.Box 70462, Date: 23/2/2021 DAR ES SALAAM Mob: 2131623/0713406151 GOWIN MUGANYIZI Date: 23/2/2021 ADVOCATE Signature (Defendants Advocate) DECPORUM ATTORNEYS CO-ARCHTECT ATTORNEYS, BRIDGE/INDIA STREET, Address P.O.Box 22760 DAR ES SALAAM Mob: 0767777766 Date: 23/2/2021 Given under m :he Seal of the Court this 23rd day of February 2021 .MG ETTA ; JUDGE/MEDIATOR