mbegu kangamika ahmad vs muwasida saccos ltd others 2018 tzhclandd 544 24 august 2018

mbegu kangamika ahmad vs muwasida saccos ltd others 2018 tzhclandd 544 24 august 2018

Appellant consented to mortgage of the landed property; subsequent development of house forms part of collateral. Sale was conducted per contract terms allowing sale without court order. Appellant failed to prove the house was different from mortgaged property.

Source-derived case information.

Citation
mbegu kangamika ahmad vs muwasida saccos ltd others 2018 tzhclandd 544 24 august 2018
Parties
Appellant: Mbegu Kangamika Ahmad; 1st Respondent: Muwasida Saccos Ltd; 2nd Respondent: Namic Investment Ltd; 3rd Respondent: Rehema Hassan Abdallah; 4th Respondent: Stanley Samuel Mwabulambo
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
24 August 2018
Procedural Posture
Land Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Mortgage, Auction Sale, Bonafide Purchaser, Burden of Proof
Source Language
english
Property Law Contract Law Mortgage Auction Sale Bonafide Purchaser Burden of Proof

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Parties

Mbegu Kangamika Ahmad

Appellant

Muwasida Saccos Ltd

1st Respondent

Namic Investment Ltd

2nd Respondent

Rehema Hassan Abdallah

3rd Respondent

Stanley Samuel Mwabulambo

4th Respondent

Procedural Posture

Land Appeal / Judgment

  1. 1 Whether House No.255 Pugu Bombani was properly offered as security for the loan
  2. 2 Whether the sale of the appellant's house was lawful and properly conducted
  3. 3 Whether the certificate of sale was valid

Ratio Decidendi

Appellant consented to mortgage of the landed property; subsequent development of house forms part of collateral. Sale was conducted per contract terms allowing sale without court order. Appellant failed to prove the house was different from mortgaged property.

Court Disposition

appeal dismissed with costs

Orders

  • Decision of District Land and Housing Tribunal upheld
  • Appellant to pay costs