20090311 TZHC Dar es Salaam

20090311 TZHC Dar es Salaam

The applicant is an interested party whose rights may be directly affected by the outcome of the proceedings and therefore must be joined; the issue of bona fide purchaser status will be determined on the merits in the main application.

Citation
20090311 TZHC Dar es Salaam
Parties
Applicant/interested Party: Pascal Elias Malya; 1st Respondent: The Building Center Establishment; 2nd Respondent: Bath Romeo Saen; 3rd Respondent: Ally Shaban Semindu; 4th Respondent: Saen Investment & Construction
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 March 2009
Procedural Posture
Civil Revision / Ruling on Application for Joinder as Interested Party
Outcome
Application allowed in part
Legal Topics
Joinder of Parties, Bona Fide Purchaser, Mortgage and Auction Sale
Source Language
English
Civil Procedure Property Law Joinder of Parties Bona Fide Purchaser Mortgage and Auction Sale

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Parties

Pascal Elias Malya

Applicant/interested Party

The Building Center Establishment

1st Respondent

Bath Romeo Saen

2nd Respondent

Ally Shaban Semindu

3rd Respondent

Saen Investment & Construction

4th Respondent

Procedural Posture

Civil Revision / Ruling on Application for Joinder as Interested Party

Legal Issues

  1. 1 Whether the applicant should be joined as an interested party in the proceedings
  2. 2 Whether the applicant is a bona fide purchaser for value without notice

Ratio Decidendi

The applicant is an interested party whose rights may be directly affected by the outcome of the proceedings and therefore must be joined; the issue of bona fide purchaser status will be determined on the merits in the main application.

Court Disposition

Application allowed in part

Orders

  • The applicant is joined as an interested party in the proceedings.