hassan wazir hassan 2020 tzhclandd 105 29 april 2020

hassan wazir hassan 2020 tzhclandd 105 29 april 2020

Although the appellant was successful in challenging the sale procedure, his own breach of the loan agreement contributed to the dispute. The trial tribunal's order for the appellant to pay costs to the second respondent was not justified as no reasons were given, but the appellant is not entitled to costs or damages due to his contributory fault. Each party should bear their own costs.

Citation
hassan wazir hassan 2020 tzhclandd 105 29 april 2020
Parties
Appellant: Hassan Waziri Hassan; 1st Respondent: FINCA Tanzania; 2nd Respondent: Suleiman Mbava
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
29 April 2020
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Costs, Mortgage, Auction Procedure, Loan Agreement Breach
Source Language
English
Land Law Civil Procedure Costs Mortgage Auction Procedure Loan Agreement Breach

Case Brief

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Parties

Hassan Waziri Hassan

Appellant

FINCA Tanzania

1st Respondent

Suleiman Mbava

2nd Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial District Tribunal was justified to order the appellant to pay costs to the second respondent
  2. 2 Whether the District Land and Housing Tribunal was justified to deny the appellant an award for costs by the first and second respondents

Ratio Decidendi

Although the appellant was successful in challenging the sale procedure, his own breach of the loan agreement contributed to the dispute. The trial tribunal's order for the appellant to pay costs to the second respondent was not justified as no reasons were given, but the appellant is not entitled to costs or damages due to his contributory fault. Each party should bear their own costs.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed in its entirety.
  • Each party in the original Land Application No. 207 of 2012 will bear his own costs.