20151020 TZHC Iringa

20151020 TZHC Iringa

The transaction between the first appellant and the second respondent constituted an equitable mortgage, and the Law of Limitation Act does not apply as there was no suit instituted; thus, the sale was not time barred and the appeal is allowed.

Citation
20151020 TZHC Iringa
Parties
Appellant: Agricultural Inputs Trust Fund; Appellant: Another (Second Appellant); Respondent: Seraphina Kawage; Respondent: Second Respondent; Respondent: Third Respondent
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 October 2015
Procedural Posture
Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal allowed
Legal Topics
Mortgage, Limitation of Actions, Title to Land, Equitable Mortgage
Source Language
English
Land Law Civil Procedure Mortgage Limitation of Actions Title to Land Equitable Mortgage

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Parties

Agricultural Inputs Trust Fund

Appellant

Another (Second Appellant)

Appellant

Seraphina Kawage

Respondent

Second Respondent

Respondent

Third Respondent

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From District Land and Housing Tribunal

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 transaction between the first appellant and the second respondent constituted an equitable mortgage, and the Law of Limitation Act does not apply as there was no suit instituted; thus, the sale was not time barred and the appeal is allowed.

Court Disposition

Appeal allowed

Orders

  • Decision of the District Land and Housing Tribunal quashed
  • First and second respondents condemned to pay costs to the appellants in this Court