20200724 TZHC Dar es Salaam

20200724 TZHC Dar es Salaam

The appellant failed to provide evidence that the auction was improperly conducted or that the property was sold under value. The 3rd respondent is a bonafide purchaser for value, and the sale was lawful and conducted in accordance with proper procedures.

Citation
20200724 TZHC Dar es Salaam
Parties
Appellant: John Bosco Mahon Goli; 1st Respondent: Imelda Zakaria Nkwira; 2nd Respondent: Mamba Auction Mart; 3rd Respondent: Mariki Bilasi Massawe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 July 2020
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs to the 2nd and 3rd respondents.
Legal Topics
Auction Procedure, Bonafide Purchaser, Sale Under Value, Vacant Possession
Source Language
English
Property Law Civil Procedure Auction Procedure Bonafide Purchaser Sale Under Value Vacant Possession

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Parties

John Bosco Mahon Goli

Appellant

Imelda Zakaria Nkwira

1st Respondent

Mamba Auction Mart

2nd Respondent

Mariki Bilasi Massawe

3rd Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the auction was properly conducted
  2. 2 Whether the property was sold under value
  3. 3 Whether the auction lacked transparency and integrity

Ratio Decidendi

The appellant failed to provide evidence that the auction was improperly conducted or that the property was sold under value. The 3rd respondent is a bonafide purchaser for value, and the sale was lawful and conducted in accordance with proper procedures.

Court Disposition

Appeal dismissed with costs to the 2nd and 3rd respondents.

Orders

  • Decision and orders of the trial court upheld.
  • Appellant to give vacant possession of the suit property to the 3rd respondent within 14 days.