elizabeth william manyanda vs stanbic bank tanzania limited 0thers 2023 tzhclandd 16885 8 september 2023
The court is functus officio because it previously blessed the mortgage in Civil Case No. 17 of 2021 and cannot revisit or declare it illegal in a subsequent suit concerning the same properties.
- Citation
- elizabeth william manyanda vs stanbic bank tanzania limited 0thers 2023 tzhclandd 16885 8 september 2023
- Parties
- Plaintiff: Elizabeth William Manyanda; 1st Defendant: Stanbic Bank Tanzania Limited; 2nd Defendant: Lumande Kasule Lumande; 3rd Defendant: Dotto Charles Budakilaga
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 8 September 2023
- Procedural Posture
- Land Case / Ruling on Functus Officio Objection
- Outcome
- Suit dismissed with costs
- Legal Topics
- Functus Officio, Mortgage Validity, Spousal Consent, Res Judicata
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Elizabeth William Manyanda
Plaintiff
Stanbic Bank Tanzania Limited
1st Defendant
Lumande Kasule Lumande
2nd Defendant
Dotto Charles Budakilaga
3rd Defendant
Procedural Posture
Land Case / Ruling on Functus Officio Objection
Legal Issues
- 1 Whether the court is functus officio to determine the legality of the mortgage challenged by the plaintiff
- 2 Whether the plaintiff's lack of consent as spouse affects the validity of the mortgage
Ratio Decidendi
The court is functus officio because it previously blessed the mortgage in Civil Case No. 17 of 2021 and cannot revisit or declare it illegal in a subsequent suit concerning the same properties.
Court Disposition
Suit dismissed with costs
Orders
- The suit is dismissed entirely with costs
Full Case Text
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