The High Court entered a consent judgment adopting a settlement between the parties and marking the land suit settled, with each side bearing its own costs.
The cause of action in the present appeal is for a declaration of ownership, which is distinct from the previous case that was based on breach of contract. Therefore, the Tribunal erred in holding it was bound by the previous decision and in dismissing the application for want of jurisdiction. The Tribunal should have determined the matter on its merits.
Parties consented to settlement recognizing plaintiff as lawful owner, withdrawal of stop order, issuance of building permit, and permanent injunction against interference.
The defendant's unequivocal admission of the plaintiff's claims entitles the plaintiff to judgment on admission for the reliefs substantiated in the plaint, excluding unsubstantiated general damages and with each party bearing their own costs.
The High Court Land Division allowed a settlement-based application, declared the applicants lawful owners of the plots, and ordered refund and payment terms.
The High Court Land Division entered default judgment for the plaintiff, declared him owner of 10 acres at Msongola, ordered eviction, and awarded TZS 10 million.
Plaintiff's claims are admitted by the defendant; court grants declaration of ownership and injunction, denies damages and costs due to defendant's financial situation and admission.