pascal elias malya vs building centre establishment others 2009 tzhc 225 11 march 2009

pascal elias malya vs building centre establishment others 2009 tzhc 225 11 march 2009

Applicant's rights may be directly affected by the outcome; justice requires joinder as interested party.

Citation
pascal elias malya vs building centre establishment others 2009 tzhc 225 11 march 2009
Parties
Applicant/interested Party: Pascal Elias Malya; 1st Respondent: The Building Center Establishment; 2nd Respondent: Bathromeo Saen; 3rd Respondent: Ally Shaban Semindu; 4th Respondent: Saen Investment & Construction
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 March 2009
Procedural Posture
Civil Revision / Ruling
Outcome
Application allowed in part
Legal Topics
Joinder of Parties, Bona Fide Purchaser, Mortgage Foreclosure, Auction Sale
Source Language
English
Civil Procedure Property Law Joinder of Parties Bona Fide Purchaser Mortgage Foreclosure Auction Sale

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Parties

Pascal Elias Malya

Applicant/interested Party

The Building Center Establishment

1st Respondent

Bathromeo Saen

2nd Respondent

Ally Shaban Semindu

3rd Respondent

Saen Investment & Construction

4th Respondent

Procedural Posture

Civil Revision / Ruling

Legal Issues

  1. 1 Whether the applicant should be joined as an interested party
  2. 2 Whether the applicant is a bona fide purchaser for value without notice

Ratio Decidendi

Applicant's rights may be directly affected by the outcome; justice requires joinder as interested party.

Court Disposition

Application allowed in part

Orders

  • Applicant to be joined as interested party
  • Declaration of bona fide purchaser deferred to main application