19711001 TZHC Mwanza

19711001 TZHC Mwanza

The appellant failed to prove timely repayment of the loan, and the trial and appellate courts' decisions were supported by the evidence; thus, the respondent was entitled to possession of the property.

Citation
19711001 TZHC Mwanza
Parties
Appellant: Edward Imazoki; Respondent: Ismail Sued
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 October 1971
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Pledge as Security, Loan Repayment, Possession of Property
Source Language
English
Property Law Contract Law Pledge as Security Loan Repayment Possession of Property

Case Brief

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Parties

Edward Imazoki

Appellant

Ismail Sued

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the appellant offered timely repayment of the loan to avoid forfeiture of property
  2. 2 Whether the respondent was entitled to possession of the pledged property

Ratio Decidendi

The appellant failed to prove timely repayment of the loan, and the trial and appellate courts' decisions were supported by the evidence; thus, the respondent was entitled to possession of the property.

Court Disposition

appeal dismissed

Orders

  • No order as to costs
  • District court to deliver judgment after notifying parties