Beatrice Teonas Hemedi Msangi @ Beatrice Elirehema Machuve and Another vs Veronica Ndekusala Kibwana and Others (Land Case No. 2397 of 2025) [2026] TZHC 2992 (4 June 2026)

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (TANGA SUB-REGISTRY) AT TANGA LAND CASE NO. 2397 OF 2025 BEATRICE TEONAS HEMEDI MSANGI @ BEATRICE ELIREHEMA MACHUVE.........................................1ST PLAINTIFF PETER JOHN SINGANO ............................................................. 2ND PLAINTIFF VERSUS VERONICA NDEKUSALA KIBWANA (As Administratrix of the Estate of the Late JACOB KIBWANA).................................... 1ST DEFENDANT LUSHOTO DISTRICT COUNCIL .............................................. 2ND DEFENDANT THE ATTORNEY GENERAL ...................................................... 3RD DEFENDANT CONSENT JUDGMENT (DEED OF SETTLEMENT) (Made under Section 105, read together with Order XXIII, Rule 3 of the Civil Procedure Code, [CAP. 33 R.E. 2023]). 04th June, 2026 M. J. CHABA, J. This Consent Judgm ent stems from a Deed of Settlem ent duly executed on the 4th day of June, 2026 by the 1st and 2nd Plaintiffs and the 1st, 2nd and 3rd Defendants pursuant to Order XXIII, Rule 3 of the Civil Procedure Code, [CAP. 33 R.E. 2023] (the CPC). According to the Plaint, the 1st Plaintiff, Beatrice Teonas Hemedi Msangi @ Beatrice Elirehema Machuve, and the 2nd Plaintiff, Peter John Singano, are adult female and male persons respectively, residing and working for gain in Page 1 of 6 / fib

Lushoto District, Tanga Region. The 1st Defendant, Veronica Ndekusala Kibwana, is an adult fem ale residing and working for gain at Mbezi Beach, Dar Es Salaam, in her capacity as Adm inistratrix of the Estate of the Late Jacob Kibwana. The 2nd Defendant is Lushoto District Council, while the 3rd Defendant is the Attorney General of the United Republic of Tanzania. Hence, by a Plaint filed on 3rd February, 2025, the Plaintiffs instituted this suit against the Defendants jointly and severally seeking, inter-alia: (a) A declaratory decree that the sale of the suit land by the 1st Plaintiff to the 2nd Plaintiff is lawful and valid in the eyes of the law; (b) A declaratory order that the 2nd Plaintiff is the lawful owner of Plot No. 34 LD situated at Mang'ula, Lushoto Mjini; (c) An order of eviction of the 1st Defendant and/or her agents, followers, or any other person occupying or claiming title under her from the suit land; (d) An order of perpetual injunction perm anently restraining the 1st Defendant and/or her agents, followers, or any other person occupying or claiming title under her from dealing in any way with the suit land; (e) General dam ages for the embarrassment, disturbances and inconveniences allegedly occasioned to the Plaintiffs; (f) Costs of the suit; and Page 2 of 6

(g) Any other relief that this Court might deem fit and just to grant. Upon being duly served with the Plaint, the Defendants entered appearance and filed their respective Written Statements of Defence disputing the Plaintiffs' claims. Consequently, issues were joined between the parties. However, during the pendency of the suit, the parties informed the Court that they had resolved to settle their dispute am icably and out of Court, thereby com prom ise the whole suit. Having reconsidered their respective positions and future relationship, the parties mutually agreed to resolve the dispute out of court for the interest of maintaining harm onious relations and promoting their mutual welfare and econom ic developm ent. Indeed, the law allows com prom ise of suit under Order XXIII, Rule 3 of the Civil Procedure Code, [CAP. 33 R.E. 2023]. It 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 agreement, compromise or satisfaction to be recorded, and shall pass a decree in accordance therewith so far as it relates to the suit". Accordingly, in exercise of the liberty afforded by the above-cited provision of the law, the parties executed a Deed of Settlem ent setting out

the terms upon which they agreed to com prom ise the suit and prayed that the same be adopted by this Court as a Consent Judgm ent and form part of the Court record. The Court has carefully examined the said Deed of Settlem ent and is satisfied that it was voluntarily entered into by the parties, is lawful, and is not contrary to public policy. The Court therefore records the com prom ise and enters judgm ent in term s of the settlement. IT IS HEREBY ORDERED, ADJUDGED AND DECREED BY CONSENT THAT:

1. The suit land known as Plot No. 34 LD situated at Mang'ula, Lushoto Mjini shall be handed over to VERONICA NDEKUSAU\ KIBWANA, in her capacity as Adm inistratrix of the Estate of the Late JACOB KIBWANA;

2. The 2nd Defendant, LUSHOTO DISTRICT COUNCIL, shall compensate the 2nd Plaintiff, PETER JOHN SINGANO, with alternative Plots situated at Plot No. 13, Block 26A, Chakechake, Lushoto Mjini, comprising: (a) One Plot measuring 604 square metres; and (b) Another Plot measuring 96 square metres; making a total area of 700 square metres.

3. Upon the recording of the Deed of Settlement, the same shall constitute the Consent Judgm ent and Decree of this Court, and this suit is hereby marked as fully settled;

4. Each party shall bear its own costs of the suit;

5. The Deed of Settlem ent executed by the parties shall form an integral part of this Judgm ent and Decree as though fully set out herein;

6. The parties shall execute all necessary docum ents and take all requisite steps to give full effect to this Consent Judgm ent and Decree. By this Consent Judgment, therefore, this Court hereby declares that the parties have am icably resolved their dispute and that this suit stands settled upon the com prom ise reached between them, as evidenced by the terms contained in the Deed of Settlement. For the foregoing reasons, the said Deed of Settlement, duly executed by the parties and filed before this Court, shall constitute the Judgm ent and Decree of this Court. Accordingly, this suit is hereby settled in its entirety in accordance with the terms hereinabove set out. Order accordingly. DATED at TAN G A this 4th day of June, 2026. M. J. CHABA JUDGE 04/06/2026 Page 5 of 6

Court: Consent Judgm ent delivered under my Hand and the Seal of the Court in Chambers this 04th day of June, 2026 in the presence of Ms. Rebeca Samwel Mahonge, learned advocate for the 1st and 2nd Plaintiffs; Mr. Hamisi Karimu Hamisi, learned advocate h/b for Ms. Melania Mashaburi, learned advocate for the 1st Defendant; and Mr. Kefa Anase, learned State Attorney for the 1st and 3rd Defendants, respectively. Court: ^ ----- Rights of the parties to appeal to the Court of Appeal of Tanzania, fully explained. Page 6 of 6 0 )