Misc Commercial Application No 16773 of 2024 Consolata Rwegasira ruling

Misc Commercial Application No 16773 of 2024 Consolata Rwegasira ruling

The sale was set aside because the applicant, as judgment debtor, was not properly served with notice of sale as required by law, constituting a material irregularity that undermined her right to be heard and tainted the execution process.

Citation
Misc Commercial Application No 16773 of 2024 Consolata Rwegasira ruling
Parties
Applicant: Consolata Rwegasira; 1st Respondent: International Commercial Bank (Tanzania) Limited; 2nd Respondent: C.E Holding Limited; 3rd Respondent: Makame S. Senguo t/a Mass & Associates Co Ltd & Court Broker; 4th Respondent: Geofrey Kimbari; 5th Respondent: Mohamed Mnzava; 6th Respondent: Apsam Company Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Execution Application / Ruling on Application to Set Aside Sale
Outcome
Application allowed; sale set aside
Legal Topics
Execution of Decree, Auction Sale, Mortgage Enforcement, Notice Requirements, Material Irregularity
Source Language
English
Civil Procedure Banking Law Property Law Execution of Decree Auction Sale Mortgage Enforcement Notice Requirements Material Irregularity

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Parties

Consolata Rwegasira

Applicant

International Commercial Bank (Tanzania) Limited

1st Respondent

C.E Holding Limited

2nd Respondent

Makame S. Senguo t/a Mass & Associates Co Ltd & Court Broker

3rd Respondent

Geofrey Kimbari

4th Respondent

Mohamed Mnzava

5th Respondent

Apsam Company Limited

6th Respondent

Procedural Posture

Execution Application / Ruling on Application to Set Aside Sale

Legal Issues

  1. 1 Whether the sale of the mortgaged property by auction was conducted lawfully in conformity with rules and procedures for sale of mortgaged property by public auction
  2. 2 Whether failure to serve proper notice to the judgment debtor constitutes a material irregularity warranting setting aside the sale

Ratio Decidendi

The sale was set aside because the applicant, as judgment debtor, was not properly served with notice of sale as required by law, constituting a material irregularity that undermined her right to be heard and tainted the execution process.

Court Disposition

Application allowed; sale set aside

Orders

  • The sale of the property on Plot No. 2 Block 'A' with Title Deed No. 186313/2, Mikocheni Area, Kinondoni Municipal, Dar es Salaam conducted on 14th June 2024 is set aside.
  • Each party to bear its own costs.