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
Source-derived case record
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether House No.255 Pugu Bombani was properly offered as security for the loan
- 2 Whether the sale of the appellant's house was lawful and properly conducted
- 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
Full Case Text
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