kondo mwintimkuu vs salum kondo 2 others 2021 tzhclandd 6986 30 june 2021
The appellant is estopped from denying involvement in the mortgage arrangement as he consented in writing and handed over the title deed; the trial tribunal properly evaluated evidence and its decision is upheld.
- Citation
- kondo mwintimkuu vs salum kondo 2 others 2021 tzhclandd 6986 30 june 2021
- Parties
- Appellant: Kondo Mwintimkuu; 1st Respondent: Gai Kondo; 2nd Respondent: Commercial Bank; 3rd Respondent: Best Company Limited
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 30 June 2021
- Procedural Posture
- Land Appeal / Final Ruling
- Outcome
- appeal dismissed with costs
- Legal Topics
- Mortgage, Guarantee, Estoppel, Evaluation of Evidence, Prayers in Pleadings
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Kondo Mwintimkuu
Appellant
Gai Kondo
1st Respondent
Commercial Bank
2nd Respondent
Best Company Limited
3rd Respondent
Procedural Posture
Land Appeal / Final Ruling
Legal Issues
- 1 Whether the trial tribunal erred in holding existence of a mortgage deed without tendering it in court
- 2 Whether the trial tribunal failed to evaluate evidence properly
- 3 Whether the appellant is estopped from denying involvement in the mortgage arrangement
Ratio Decidendi
The appellant is estopped from denying involvement in the mortgage arrangement as he consented in writing and handed over the title deed; the trial tribunal properly evaluated evidence and its decision is upheld.
Court Disposition
appeal dismissed with costs
Orders
- decision and orders of the trial tribunal upheld
Full Case Text
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