jamila salehe vs lucas hungu mzinzya and another 2021 tzhc 2900 29 april 2021

jamila salehe vs lucas hungu mzinzya and another 2021 tzhc 2900 29 april 2021

Pecuniary jurisdiction is based on the principal sum claimed, not the collateral's market value; admissions by parties were sufficient to uphold the judgment; parties are bound by terms and conditions of their agreement.

Citation
jamila salehe vs lucas hungu mzinzya and another 2021 tzhc 2900 29 april 2021
Parties
Appellant: Jamila Salehe; 1st Respondent: Lucas Hungu Mzinzya; 2nd Respondent: Mussa Issa Haji
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 April 2021
Procedural Posture
Land Appeal / Judgment
Outcome
appeal partially allowed
Legal Topics
Pecuniary Jurisdiction, Judgment on Admission, Breach of Contract, Enforcement of Loan Agreement
Source Language
English
Land Law Contract Law Pecuniary Jurisdiction Judgment on Admission Breach of Contract Enforcement of Loan Agreement

Case Brief

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Parties

Jamila Salehe

Appellant

Lucas Hungu Mzinzya

1st Respondent

Mussa Issa Haji

2nd Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal had pecuniary jurisdiction
  2. 2 Whether judgment on admission was valid given alleged procedural irregularities

Ratio Decidendi

Pecuniary jurisdiction is based on the principal sum claimed, not the collateral's market value; admissions by parties were sufficient to uphold the judgment; parties are bound by terms and conditions of their agreement.

Court Disposition

appeal partially allowed

Orders

  • Appellant and 1st respondent to pay 2nd respondent TZS 24,000,000 in six equal installments at three-month intervals starting 29/05/2021
  • Each party to bear their own costs