elia makala masangya vs fjs african development co ltd 4 others 2023 tzhclandd 17218 6 december 2023

elia makala masangya vs fjs african development co ltd 4 others 2023 tzhclandd 17218 6 december 2023

Plaintiff failed to prove fraud or procedural irregularity in creation of mortgage deed; mortgage was lawfully created; auction was improperly conducted due to lack of valid 14 days notice; plaintiff liable as guarantor for loan default; counter-claim succeeds for loan repayment; auction nullified.

Source-derived case information.

Citation
elia makala masangya vs fjs african development co ltd 4 others 2023 tzhclandd 17218 6 december 2023
Parties
Plaintiff: Elia Makala Masangya; 1st Defendant: FJS African Starch Development Co. Ltd; 2nd Defendant: TIB Development Bank Ltd; 3rd Defendant: The Hon. Attorney General; 4th Defendant: Melva International Limited; 5th Defendant: Mojoh Masaba
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
6 December 2023
Procedural Posture
Land Case / Final Judgment
Outcome
Main suit dismissed except for nullification of auction; counter-claim allowed.
Legal Topics
Mortgage, Fraud, Auction, Guarantee, Loan Default, Injunction, Counter Claim
Source Language
english
Property Law Banking Law Civil Procedure Mortgage Fraud Auction Guarantee Loan Default +2 more

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Parties

Elia Makala Masangya

Plaintiff

FJS African Starch Development Co. Ltd

1st Defendant

TIB Development Bank Ltd

2nd Defendant

The Hon. Attorney General

3rd Defendant

Melva International Limited

4th Defendant

Mojoh Masaba

5th Defendant

Procedural Posture

Land Case / Final Judgment

Legal Issues

  1. 1 Whether the mortgage deed between plaintiff and 2nd defendant is lawful
  2. 2 Whether the attachment and sale of suit property was lawful
  3. 3 To what reliefs are parties entitled

Ratio Decidendi

Plaintiff failed to prove fraud or procedural irregularity in creation of mortgage deed; mortgage was lawfully created; auction was improperly conducted due to lack of valid 14 days notice; plaintiff liable as guarantor for loan default; counter-claim succeeds for loan repayment; auction nullified.

Court Disposition

Main suit dismissed except for nullification of auction; counter-claim allowed.

Orders

  • Auction conducted by 4th defendant on 29 April 2022 nullified.
  • Plaintiff and 1st defendant liable to pay TZS 3,418,522,213/= to claimant in counter-claim.