aishi juma seif vs kikoyo enterprises company limited 3 others 2022 tzhclandd 12252 22 july 2022

aishi juma seif vs kikoyo enterprises company limited 3 others 2022 tzhclandd 12252 22 july 2022

The mortgage of the matrimonial house was unlawful for lack of spousal consent as required by statute; TPB Bank PLC failed its statutory duty to make proper inquiries regarding marital status and spousal consent.

Citation
aishi juma seif vs kikoyo enterprises company limited 3 others 2022 tzhclandd 12252 22 july 2022
Parties
Plaintiff: Aisha Juma Seif; 1st Defendant: Kikoko Enterprises Company Limited; 2nd Defendant: Henrod Yusuph Kikoti; 3rd Defendant: TPB Bank PLC; 4th Defendant: Abdallah Simba Abdallah
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
22 July 2022
Procedural Posture
Land Case / Judgment
Outcome
Suit partly succeeds; mortgage declared unlawful for lack of spousal consent; property excluded from collateral list; costs awarded.
Legal Topics
Spousal Consent, Matrimonial Property, Mortgage Validity, Land Registration
Source Language
English
Family Law Property Law Land Law Spousal Consent Matrimonial Property Mortgage Validity Land Registration

Case Brief

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Parties

Aisha Juma Seif

Plaintiff

Kikoko Enterprises Company Limited

1st Defendant

Henrod Yusuph Kikoti

2nd Defendant

TPB Bank PLC

3rd Defendant

Abdallah Simba Abdallah

4th Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether the disputed house is a matrimonial house for the plaintiff and the fourth defendant
  2. 2 Whether the disputed house was lawfully mortgaged by the fourth defendant to the third defendant
  3. 3 To what reliefs are the parties entitled

Ratio Decidendi

The mortgage of the matrimonial house was unlawful for lack of spousal consent as required by statute; TPB Bank PLC failed its statutory duty to make proper inquiries regarding marital status and spousal consent.

Court Disposition

Suit partly succeeds; mortgage declared unlawful for lack of spousal consent; property excluded from collateral list; costs awarded.

Orders

  • Mortgage in respect of Plot No. 988, Block H, C.T No. 90407, L.O No. 398382, Tabata Segerea, Ilala Municipality, Dar es Salaam declared unlawful for lack of spousal consent.
  • Property excluded from list of collaterals for mortgage in favour of first and second defendants.