20170228 TZHC Mwanza2

20170228 TZHC Mwanza2

The trial Tribunal erred by ordering execution (sale of mortgaged property) on a judgment on admission without determining the appellant's request for more time to pay the loan, which was a live issue in controversy. The judgment and orders were set aside and the matter remitted for determination of the unresolved issue.

Citation
20170228 TZHC Mwanza2
Parties
Appellant: Joel Francis Milele; Respondent: Access Bank (T) Ltd; Respondent: Another
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 February 2017
Procedural Posture
Land Appeal / Appeal From District Land and Housing Tribunal Decision
Outcome
Appeal allowed; decision and orders of the trial Tribunal quashed and set aside; matter remitted for rehearing before a different Chairman; no order as to costs.
Legal Topics
Judgment on Admission, Execution of Judgment, Loan Default, Mortgage Enforcement, Procedural Fairness
Source Language
English
Land Law Civil Procedure Banking Law Judgment on Admission Execution of Judgment Loan Default Mortgage Enforcement Procedural Fairness

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Parties

Joel Francis Milele

Appellant

Access Bank (T) Ltd

Respondent

Another

Respondent

Procedural Posture

Land Appeal / Appeal From District Land and Housing Tribunal Decision

Legal Issues

  1. 1 Whether the trial Tribunal erred by ordering execution (sale of mortgaged property) on a judgment on admission without determining the issue of rescheduling the loan term
  2. 2 Whether the appellant was denied a fair hearing on his request for more time to pay the loan

Ratio Decidendi

The trial Tribunal erred by ordering execution (sale of mortgaged property) on a judgment on admission without determining the appellant's request for more time to pay the loan, which was a live issue in controversy. The judgment and orders were set aside and the matter remitted for determination of the unresolved issue.

Court Disposition

Appeal allowed; decision and orders of the trial Tribunal quashed and set aside; matter remitted for rehearing before a different Chairman; no order as to costs.

Orders

  • Decision and orders of the District Land and Housing Tribunal quashed and set aside.
  • File remitted to the Tribunal for determination of whether the appellant is entitled to more time to pay the loan by rescheduling the loan term.