hamis s ubalange vs finca microfinance bank and others 2021 tzhc 9216 10 december 2021

hamis s ubalange vs finca microfinance bank and others 2021 tzhc 9216 10 december 2021

The sale of the mortgaged property was null and void because the mandatory procedures for notice and auction were not followed, and the property was sold at a price grossly below its market value, violating statutory duties imposed on the mortgagee.

Citation
hamis s ubalange vs finca microfinance bank and others 2021 tzhc 9216 10 december 2021
Parties
Appellant: Hamis S. Ubalange; 1st Respondent: FINCA Microfinance Bank; 2nd Respondent: Mashango Auction Mart; 3rd Respondent: Justin Kaundama
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 December 2021
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
Appeal allowed with costs
Legal Topics
Mortgage Enforcement, Sale of Mortgaged Property, Procedural Irregularities in Auction, Notice Requirements, Duty of Care in Sale, Residential Property Protection
Source Language
English
Land Law Civil Procedure Mortgage Enforcement Sale of Mortgaged Property Procedural Irregularities in Auction Notice Requirements Duty of Care in Sale Residential Property Protection

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Parties

Hamis S. Ubalange

Appellant

FINCA Microfinance Bank

1st Respondent

Mashango Auction Mart

2nd Respondent

Justin Kaundama

3rd Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the procedure for selling the mortgaged property was followed
  2. 2 Whether the sale of the mortgaged property was valid
  3. 3 Whether the appellant was given proper notice as required by law

Ratio Decidendi

The sale of the mortgaged property was null and void because the mandatory procedures for notice and auction were not followed, and the property was sold at a price grossly below its market value, violating statutory duties imposed on the mortgagee.

Court Disposition

Appeal allowed with costs

Orders

  • The sale of the landed property is declared null and void.
  • The proceedings, judgment, and orders of the trial tribunal are quashed and set aside.