JOSEPHAT JOSEPH MUSHI AND ANOTHER VS TANZANIA POSTAL BANK PLC AND ANOTHER (CIVIL APPEAL NO. 86 OF 2022) [2024] TZCA 1174 (3 DECEMBER 2024)

Abstract

The dispute giving rise to this appeal originated from the decision of the High Court of Tanzania at Mbeya (Mbagwa, J.) in Misc. Land Application No. 04 of 2021. Before the appellants filed the said application at the High Court, the parties had their dispute settled by compromise at the District Land and Housing Tribunal for Mbeya'(the DLHT) in Land Application No. 65 of 2019. The deed of settlement of a suit was made under Order XXIII Rule 3 of the Civil Procedure Code and was filed in (Mbagwa, J.) dated the 29th day of October, 2021 in Misc. Land Application No. 04 of 2021 JUDGMENT OF THE COURT 29th November & 3rd December, 2024 ISSA, J.A.: Court culminating into a consent judgment entered on 16th December, 2019. One of the terms of the consent judgment was that the 2ndappellant who was indebted to the 1st respondent was given a grace period for repayment of the sum amounting to TZS. 360,413,181.55