Automated Summary
Key Facts
Maginga Business Holding Company Limited (Plaintiff) and CRDB Bank PLC, BR Real Estate Developers Ltd, and Edward Eugen Mushi (Defendants) resolved a land dispute over Plot No. 62, Block 'G', Title No. 44023 at Mbezi Beach. The Plaintiff agreed to refund the 3rd Defendant TZS 719,000,000 (including 17% annual interest) in five installments starting March 30, 2026. The 1st Defendant waived all claims against the Plaintiff regarding the disputed plot, and the 3rd Defendant will transfer the title back to the Plaintiff upon full payment. The settlement was finalized via mediation on November 19, 2025, with the judgment issued on November 25, 2025.
Transaction Type
Land Sale
Issues
- The Plaintiff demands that the Defendants pay general damages of 20,000,000,000 TZS or as assessed by the court.
- The Plaintiff seeks a court order permanently prohibiting the defendants from trespassing in the suit land.
- The court is requested to order the Defendants to pay the costs of the suit.
- The action initiated by the defendants is claimed to be unlawful for originating in unlawful actions.
- The Plaintiff alleges that the sale of land/Plot No. 62 block 'G', title No. 44023, Mbezi beach to the 3rd Defendant is unlawful due to violations of procedure rules.
Holdings
The court adopted the terms of the Deed of Settlement dated 19th November 2025, effectively settling the case amicably. The judgment confirms that the parties' agreement is lawful and binds all involved, with specific payment terms and conditions outlined in the settlement.
Remedies
- After full payment, the 3rd defendant must transfer the title and ownership of the plot to the plaintiff within one month, with transfer fees paid by the plaintiff.
- The plaintiff shall refund the 3rd defendant TZS 719,000,000/= (including 17% annual interest) in exchange for the return of the plot, as part of the settlement agreement.
- Both parties are to bear their own costs, in line with the mediation spirit, as part of the settlement agreement.
- Upon signing the agreement, the 1st defendant waives any further claims against the plaintiff concerning Plot No. 62, Block G, Title No. 44023.
- The settled amount will be paid to the 3rd defendant through the CRDB Bank account number 0152094987100 in Tanzanian Shillings.
- If any installment is not paid on time, the 3rd defendant may repossess the plot and refund 90% of the total amount paid to the plaintiff.
- The payment will be made in five installments: 119M on March 30, 2026, followed by four equal installments of 150M every two months.
Monetary Damages
719000000.00
Legal Principles
The court relied on Order XXIII rule 3 of the Civil Procedure Code, Cap.33 of R.E of 2023, which states that where a suit is adjusted by a lawful agreement or compromise, the court must record the agreement and pass a decree accordingly. This principle was used to adopt the Deed of Settlement as part of the consent judgment.
Precedent Name
Motor Vessel Sepideh and Another v. Yusuph Mohamed Yusuph and two Others
Cited Statute
Civil Procedure Code
Judge Name
E.I. Laltaika
Passage Text
- Consequently, I proceed to adopt the terms and conditions of the Deed of Settlement dated the 19th day of November 2025, to form part and parcel of this consent judgment as appearing herein below:
- Henceforth the deed of settlement entered is accordingly recorded and forms 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.'
- 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.
Damages / Relief Type
Compensatory Damages: TZS 719,000,000