elihuruma paul mollel vs national microfinace bank ltd plc another 2023 tzhc 23356 11 december 2023

elihuruma paul mollel vs national microfinace bank ltd plc another 2023 tzhc 23356 11 december 2023

The cause of action arose from an alleged breach of a loan agreement, not a dispute over land or land ownership. The District Land and Housing Tribunal only has jurisdiction over land disputes, not pure contractual disputes. Therefore, the tribunal correctly declined jurisdiction.

Citation
elihuruma paul mollel vs national microfinace bank ltd plc another 2023 tzhc 23356 11 december 2023
Parties
Appellant: Elihuruma Paul Mollel; 1st Respondent: National Microfinance Bank Limited PLC; 2nd Respondent: Adili Auction Mart Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 December 2023
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
Jurisdiction, Breach of Contract, Mortgage, Preliminary Objection
Source Language
English
Civil Procedure Contract Law Land Law Jurisdiction Breach of Contract Mortgage Preliminary Objection

Case Brief

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Parties

Elihuruma Paul Mollel

Appellant

National Microfinance Bank Limited PLC

1st Respondent

Adili Auction Mart Limited

2nd Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal had jurisdiction to entertain a claim arising from an alleged breach of loan and mortgage agreements.

Ratio Decidendi

The cause of action arose from an alleged breach of a loan agreement, not a dispute over land or land ownership. The District Land and Housing Tribunal only has jurisdiction over land disputes, not pure contractual disputes. Therefore, the tribunal correctly declined jurisdiction.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed.
  • Costs awarded to respondents.