ibrahim twahili kusundwa another vs crdb bank plc others 2024 tzca 7 19 january 2024

ibrahim twahili kusundwa another vs crdb bank plc others 2024 tzca 7 19 january 2024

Non-compliance with statutory notice and auction requirements does not invalidate the title of bona fide purchasers for value without notice absent fraud or collusion. The deed of settlement did not extinguish the mortgagee's power of sale. Mesne profits were properly awarded based on admissions and evidence of rental income.

Citation
ibrahim twahili kusundwa another vs crdb bank plc others 2024 tzca 7 19 january 2024
Parties
1st Appellant: Ibrahim Twahili Kusundwa; 2nd Appellant: Ibrahim Twahili Kusundwa (Administrator of the Estate of the Late Twahili Selemani Kusundwa); 1st Respondent: CRDB Bank PLC; 2nd Respondent: MEM Auctioneers and General Brokers Ltd.; 3rd Respondent: Epimaki S. Makoi; 4th Respondent: Prim A. Mushi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 January 2024
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Decree
Outcome
Appeal dismissed with costs.
Legal Topics
Mortgage Enforcement, Public Auction, Bona Fide Purchaser, Mesne Profits, Default Notice, Decree Execution, Admissibility of Evidence
Source Language
English
Civil Law Land Law Banking Law Mortgage Enforcement Public Auction Bona Fide Purchaser Mesne Profits Default Notice +2 more

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Parties

Ibrahim Twahili Kusundwa

1st Appellant

Ibrahim Twahili Kusundwa (Administrator of the Estate of the Late Twahili Selemani Kusundwa)

2nd Appellant

CRDB Bank PLC

1st Respondent

MEM Auctioneers and General Brokers Ltd.

2nd Respondent

Epimaki S. Makoi

3rd Respondent

Prim A. Mushi

4th Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Decree

Legal Issues

  1. 1 Whether the deed of settlement and decree extinguished the mortgagee's power of sale
  2. 2 Whether proper statutory default notice was served before auction
  3. 3 Whether the public auction was lawfully conducted

Ratio Decidendi

Non-compliance with statutory notice and auction requirements does not invalidate the title of bona fide purchasers for value without notice absent fraud or collusion. The deed of settlement did not extinguish the mortgagee's power of sale. Mesne profits were properly awarded based on admissions and evidence of rental income.

Court Disposition

Appeal dismissed with costs.

Orders

  • Judgment and decree of the High Court upheld.
  • Third and fourth respondents confirmed as lawful owners of the property.