juma vs manager pbz ltd others 2003 tzca 4 12 november 2003

juma vs manager pbz ltd others 2003 tzca 4 12 november 2003

The mortgage deed expressly empowered the bank to sell the mortgaged property without court intervention and without the restrictions of section 69 of Cap. 150; valid notice was served; the sale was conducted by public auction with transparency; the issue of compound interest was not properly before the court; there was no evidence of collusion or unfair price.

Citation
juma vs manager pbz ltd others 2003 tzca 4 12 november 2003
Parties
Appellant: Juma Jaffer Juma; Respondent: Manager, PBZ Ltd.; Respondent: Manager, Caravan Ltd.; Respondent: Said Khamis Hemed El Gheity
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 November 2003
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Mortgage Enforcement, Public Auction, Notice Requirements, Compound Interest, Pleadings and Issues, Statutory Powers of Sale
Source Language
English
Banking Law Property Law Civil Procedure Mortgage Enforcement Public Auction Notice Requirements Compound Interest Pleadings and Issues +1 more

Case Brief

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Parties

Juma Jaffer Juma

Appellant

Manager, PBZ Ltd.

Respondent

Manager, Caravan Ltd.

Respondent

Said Khamis Hemed El Gheity

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the mortgage was a simple mortgage under section 58(3) of the Transfer of Property Decree, Cap. 150
  2. 2 Whether court intervention was required for the sale of the mortgaged property
  3. 3 Whether valid notice was served prior to the sale

Ratio Decidendi

The mortgage deed expressly empowered the bank to sell the mortgaged property without court intervention and without the restrictions of section 69 of Cap. 150; valid notice was served; the sale was conducted by public auction with transparency; the issue of compound interest was not properly before the court; there was no evidence of collusion or unfair price.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed with costs