Bank ya Posta Tanzania Ltd Another vs Lameck Orgenes Lymo

Bank ya Posta Tanzania Ltd Another vs Lameck Orgenes Lymo

The court found that the statutory notices required by law were duly served on the respondent, and the sale price was not below 25% of the market value. The tribunal erred in its evaluation of the evidence and misapplied the law regarding valuation and notice. The appeal was allowed, and the sale of the mortgaged...

Source-derived case information.

Citation
Bank ya Posta Tanzania Ltd Another vs Lameck Orgenes Lymo
Parties
Appellant: Benki ya Posta Tanzania; Appellant: Tulvin Investment (T) Ltd; Respondent: Lameck Orgenes Lymo; Respondent: Miraji Nyalandu
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2016
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Mortgage Enforcement, Auction Procedure, Notice Requirements, Valuation of Security, Appeal Procedure
Source Language
en
Land Law Banking Law Mortgage Enforcement Auction Procedure Notice Requirements Valuation of Security Appeal Procedure

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Parties

Benki ya Posta Tanzania

Appellant

Tulvin Investment (T) Ltd

Appellant

Lameck Orgenes Lymo

Respondent

Miraji Nyalandu

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

  1. 1 Whether proper statutory notices were served before auction of mortgaged property
  2. 2 Whether the sale of the mortgaged property was conducted below market value in violation of the law
  3. 3 Whether the trial tribunal properly evaluated the evidence

Ratio Decidendi

The court found that the statutory notices required by law were duly served on the respondent, and the sale price was not below 25% of the market value. The tribunal erred in its evaluation of the evidence and misapplied the law regarding valuation and notice. The appeal was allowed, and the sale of the mortgaged property was upheld as lawful.

Court Disposition

Appeal allowed

Orders

  • Decision of the District Land and Housing Tribunal set aside
  • Sale of the mortgaged property upheld as lawful