equity bank t limited vs prosper rweyendera 2 others 2021 tzhclandd 6835 10 december 2021

equity bank t limited vs prosper rweyendera 2 others 2021 tzhclandd 6835 10 december 2021

The applicant proved a legal interest in the attached property as it was mortgaged to secure a loan that remains undischarged; therefore, the property cannot be attached or sold in execution until the mortgage is discharged.

Citation
equity bank t limited vs prosper rweyendera 2 others 2021 tzhclandd 6835 10 december 2021
Parties
Applicant: Equity Bank (T) Limited; 1st Respondent: Prosper Rweyendera; 2nd Respondent: Godfrey Malassy; 3rd Respondent: City Christian Fellowship
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
10 December 2021
Procedural Posture
Objection Proceedings (miscellaneous Land Application) / Ruling on Objection to Attachment in Execution
Outcome
Application granted
Legal Topics
Objection Proceedings, Attachment and Sale of Property, Mortgage Rights, Execution of Decrees
Source Language
English
Civil Procedure Land Law Banking Law Objection Proceedings Attachment and Sale of Property Mortgage Rights Execution of Decrees

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Parties

Equity Bank (T) Limited

Applicant

Prosper Rweyendera

1st Respondent

Godfrey Malassy

2nd Respondent

City Christian Fellowship

3rd Respondent

Procedural Posture

Objection Proceedings (miscellaneous Land Application) / Ruling on Objection to Attachment in Execution

Legal Issues

  1. 1 Whether the applicant (Equity Bank) has a legal interest in the attached property sufficient to prevent its attachment and sale in execution of a decree
  2. 2 Whether the mortgaged property can be attached and sold before the mortgage is discharged

Ratio Decidendi

The applicant proved a legal interest in the attached property as it was mortgaged to secure a loan that remains undischarged; therefore, the property cannot be attached or sold in execution until the mortgage is discharged.

Court Disposition

Application granted

Orders

  • The landed property on Plot No. 230, Block D, Certificate of Occupancy No. 171054, Sinza Area, Kinondoni Municipal, Dar es Salaam is wholly released from attachment.
  • The property is excluded from attachment in Execution No. 79 of 2020.