joyce beda ltd vs crdb bank 2 others 2001 tzhccomd 1 24 september 2001

joyce beda ltd vs crdb bank 2 others 2001 tzhccomd 1 24 september 2001

The applicant failed to establish which property is the matrimonial home, did not register a caveat to protect her interest, and the law does not protect all matrimonial property but only the matrimonial home. Furthermore, the protection under section 48(1)(e) of the CPC is waived when the property is mortgaged. Therefore, the objection lacks merit and is dismissed.

Citation
joyce beda ltd vs crdb bank 2 others 2001 tzhccomd 1 24 september 2001
Parties
Applicant/objector: Joyce Beda Mpinda; 1st Respondent/decree Holder: CRDB Bank Ltd; 2nd Respondent/judgment Debtor: Gwalugano Obasimwasabwite; 3rd Respondent: Eric Auction Mart & Court Broker
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
24 September 2001
Procedural Posture
Objection Proceedings in Execution of Judgment / Ruling on Application to Postpone Sale and Investigate Objection
Outcome
Application dismissed with costs
Legal Topics
Matrimonial Property, Execution of Decrees, Mortgage and Foreclosure, Attachment and Sale of Property, Spousal Consent in Property Transactions
Source Language
English
Family Law Civil Procedure Banking Law Matrimonial Property Execution of Decrees Mortgage and Foreclosure Attachment and Sale of Property Spousal Consent in Property Transactions

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Parties

Joyce Beda Mpinda

Applicant/objector

CRDB Bank Ltd

1st Respondent/decree Holder

Gwalugano Obasimwasabwite

2nd Respondent/judgment Debtor

Eric Auction Mart & Court Broker

3rd Respondent

Procedural Posture

Objection Proceedings in Execution of Judgment / Ruling on Application to Postpone Sale and Investigate Objection

Legal Issues

  1. 1 Whether the properties subject to attachment and sale are protected as matrimonial home under section 59 of the Law of Marriage Act
  2. 2 Whether the applicant/objector is entitled to protection under section 48(1)(e) of the Civil Procedure Code
  3. 3 Whether lack of spousal consent invalidates the mortgage and subsequent sale

Ratio Decidendi

The applicant failed to establish which property is the matrimonial home, did not register a caveat to protect her interest, and the law does not protect all matrimonial property but only the matrimonial home. Furthermore, the protection under section 48(1)(e) of the CPC is waived when the property is mortgaged. Therefore, the objection lacks merit and is dismissed.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed in its entirety with costs