joseph z m mwendabwila vs ibrahim peter another 2015 tzhc 2285 23 september 2015

joseph z m mwendabwila vs ibrahim peter another 2015 tzhc 2285 23 september 2015

The appellant received Tshs.3,000,000/= as per the signed contract. The letter dated 23/02/2011 constituted a valid novation, not obtained by coercion. There was no foreclosure as defined by law; the mortgagee did not follow the statutory process for foreclosure or sale. The appellant retains the right to redeem the land upon repayment of the loan. The tribunal's order transferring title to the respondent was unlawful and is set aside.

Citation
joseph z m mwendabwila vs ibrahim peter another 2015 tzhc 2285 23 september 2015
Parties
Appellant: Joseph Z. M. Mwendabwila; 1st Respondent: Ibrahim Peter; 2nd Respondent: Harvest Tanzania Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 September 2015
Procedural Posture
Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal allowed
Legal Topics
Mortgage and Redemption, Foreclosure, Novation of Contract, Right of Redemption, Procedural Fairness
Source Language
English
Land Law Contract Law Mortgage and Redemption Foreclosure Novation of Contract Right of Redemption Procedural Fairness

Case Brief

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Parties

Joseph Z. M. Mwendabwila

Appellant

Ibrahim Peter

1st Respondent

Harvest Tanzania Ltd

2nd Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the appellant received Tshs.3,000,000/= from the 1st respondent
  2. 2 Whether the contract documents were the same or different
  3. 3 Whether the letter dated 23/02/2011 constituted a new contract and if it was obtained by coercion

Ratio Decidendi

The appellant received Tshs.3,000,000/= as per the signed contract. The letter dated 23/02/2011 constituted a valid novation, not obtained by coercion. There was no foreclosure as defined by law; the mortgagee did not follow the statutory process for foreclosure or sale. The appellant retains the right to redeem the land upon repayment of the loan. The tribunal's order transferring title to the respondent was unlawful and is set aside.

Court Disposition

Appeal allowed

Orders

  • Judgment and decree of the District Land and Housing Tribunal set aside
  • Appellant entitled to redeem land upon repayment of Tshs.3,000,000/=