agricultural inputs trust fund another vs seraphina kawage others 2015 tzhc 2222 20 october 2015

agricultural inputs trust fund another vs seraphina kawage others 2015 tzhc 2222 20 october 2015

The Law of Limitation Act does not apply as no suit was instituted; the transaction between the first appellant and second respondent constituted an equitable mortgage; the sale of the suit premises was not time barred and good title passed to the third respondent.

Source-derived case information.

Citation
agricultural inputs trust fund another vs seraphina kawage others 2015 tzhc 2222 20 october 2015
Parties
Appellant: Agricultural Inputs Trust Fund and Another; Respondent: Seraphina Kawage; Respondent: Second Respondent; Respondent: Third Respondent
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 October 2015
Procedural Posture
Land Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Mortgage, Limitation of Actions, Title Transfer, Public Auction
Source Language
english
Land Law Civil Procedure Mortgage Limitation of Actions Title Transfer Public Auction

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Parties

Agricultural Inputs Trust Fund and Another

Appellant

Seraphina Kawage

Respondent

Second Respondent

Respondent

Third Respondent

Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the suit premises was legally mortgaged
  2. 2 Whether the attachment and sale of the suit premises was lawful and not time barred

Ratio Decidendi

The Law of Limitation Act does not apply as no suit was instituted; the transaction between the first appellant and second respondent constituted an equitable mortgage; the sale of the suit premises was not time barred and good title passed to the third respondent.

Court Disposition

appeal allowed

Orders

  • Decision of the District Land and Housing Tribunal quashed
  • Costs awarded against first and second respondents in favour of appellants in this Court