mackriman trust fund vs national bankl of commerce others 2023 tzca 17785 31 october 2023

mackriman trust fund vs national bankl of commerce others 2023 tzca 17785 31 october 2023

The appellant was bound by the acts of its director who executed the mortgage deed, admitted guarantee in pleadings, and failed to discharge liability; the mortgage deed was not void or unenforceable, and the issue of registration was an afterthought not raised at trial. The appeal was unmerited and dismissed.

Citation
mackriman trust fund vs national bankl of commerce others 2023 tzca 17785 31 october 2023
Parties
Appellant: Mackriman Trust Fund; 1st Respondent: National Bank of Commerce; 2nd Respondent: Lesheya Investment Co. Ltd; 3rd Respondent: Sadock Dotto Magai
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
31 October 2023
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Mortgage Validity, Guarantee Liability, Vicarious Liability, Registration of Security, Time Bar of Appeal
Source Language
English
Property Law Contract Law Banking Law Mortgage Validity Guarantee Liability Vicarious Liability Registration of Security Time Bar of Appeal

Case Brief

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Parties

Mackriman Trust Fund

Appellant

National Bank of Commerce

1st Respondent

Lesheya Investment Co. Ltd

2nd Respondent

Sadock Dotto Magai

3rd Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the appellant was privy to the second overdraft facility agreement
  2. 2 Whether the mortgage deed was valid and enforceable
  3. 3 Whether the sale of the disputed property was lawful

Ratio Decidendi

The appellant was bound by the acts of its director who executed the mortgage deed, admitted guarantee in pleadings, and failed to discharge liability; the mortgage deed was not void or unenforceable, and the issue of registration was an afterthought not raised at trial. The appeal was unmerited and dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed entirely with costs.