wabiso cooperative society limited vs masasi town council another 2023 tzhc 20512 10 august 2023

wabiso cooperative society limited vs masasi town council another 2023 tzhc 20512 10 august 2023

The court adopted and incorporated the mutually agreed terms of settlement between the parties, thereby binding them to the consent order and marking the suit as amicably settled.

Citation
wabiso cooperative society limited vs masasi town council another 2023 tzhc 20512 10 august 2023
Parties
Plaintiff: WABISO COOPERATIVE SOCIETY LIMITED; 1st Defendant: MASASI TOWN COUNCIL; 2nd Defendant: THE ATTORNEY GENERAL
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 August 2023
Procedural Posture
Land Case / Consent Order / Settlement at Mediation
Outcome
Suit amicably settled by consent order.
Legal Topics
Consent Judgment, Settlement, Land Use, Injunction, Damages
Source Language
English
Land Law Civil Procedure Consent Judgment Settlement Land Use Injunction Damages

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Parties

WABISO COOPERATIVE SOCIETY LIMITED

Plaintiff

MASASI TOWN COUNCIL

1st Defendant

THE ATTORNEY GENERAL

2nd Defendant

Procedural Posture

Land Case / Consent Order / Settlement at Mediation

Legal Issues

  1. 1 Legality of demolition and threats to evict plaintiff from specified plots
  2. 2 Entitlement to damages for loss of business
  3. 3 Right to use land for specified business purposes

Ratio Decidendi

The court adopted and incorporated the mutually agreed terms of settlement between the parties, thereby binding them to the consent order and marking the suit as amicably settled.

Court Disposition

Suit amicably settled by consent order.

Orders

  • Plaintiff allowed to use the disputed plots for specified retail and informal trade purposes as per certificate of occupancy.
  • Plaintiff not to slaughter chickens on the premises unless compliant with TMDA guidelines and approval from 1st Defendant.