20160930 TZHC Dodoma

20160930 TZHC Dodoma

The Tribunal was correct to order repayment of the loan to the 2nd respondent as the issue was raised in pleadings and evidence. However, it was unfair to prescribe a time frame for repayment without a corresponding time for return of the title deed. The order was varied to allow one month for repayment and for the...

Source-derived case information.

Citation
20160930 TZHC Dodoma
Parties
Appellant: Juliana Madili Manyama; 1st Respondent: Michael Steven Mushi; 2nd Respondent: Sistus Clemence Marandu; 3rd Respondent: Pius Steven Mushi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 September 2016
Procedural Posture
Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal partly allowed
Legal Topics
Loan Agreements, Sale of Immovable Property, Eviction, Title Deed Return, Variation of Tribunal Orders
Source Language
english
Land Law Loan Agreements Sale of Immovable Property Eviction Title Deed Return Variation of Tribunal Orders

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Parties

Juliana Madili Manyama

Appellant

Michael Steven Mushi

1st Respondent

Sistus Clemence Marandu

2nd Respondent

Pius Steven Mushi

3rd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal erred in ordering repayment of Tshs. 15,600,000 without considering prior payments
  2. 2 Whether the time frame for repayment and return of title deed was fair
  3. 3 Whether the Tribunal erred in not framing an issue on the loan repayment

Ratio Decidendi

The Tribunal was correct to order repayment of the loan to the 2nd respondent as the issue was raised in pleadings and evidence. However, it was unfair to prescribe a time frame for repayment without a corresponding time for return of the title deed. The order was varied to allow one month for repayment and for the title deed to be returned upon full payment.

Court Disposition

Appeal partly allowed

Orders

  • Appellant to repay loan of Tshs. 15,600,000 to 2nd respondent within one month from date of judgment
  • 2nd respondent to submit the title deed of the suit property to the appellant on the day full payment is made