christopher michael kadeo vs glory gerson kizinga another 2023 tzhclandd 104 15 february 2023

christopher michael kadeo vs glory gerson kizinga another 2023 tzhclandd 104 15 february 2023

The mortgage of the suit property was valid, spousal consent was given, and the sale was lawful though procedurally irregular. The irregularities did not prejudice the defendants or cause injustice. Ownership passed to the plaintiff as a bona fide purchaser upon registration. Defendants failed to prove fraud or entitlement to damages. The plaintiff is the lawful owner and entitled to vacant possession; mesne profits and general damages were not proved.

Citation
christopher michael kadeo vs glory gerson kizinga another 2023 tzhclandd 104 15 february 2023
Parties
Plaintiff (main Suit) / 4th Defendant (counter Claim): Christopher Michael Kadeo; 1st Defendant (main Suit): Glory Gersoni Kizinga; 2nd Defendant (main Suit) / Plaintiff (counter Claim): John Chulla Costantino; 1st Defendant (counter Claim): Amana Bank Limited; 2nd Defendant (counter Claim): Ahadi Company Limited; 3rd Defendant (counter Claim) / 3rd Defendant (main Suit): Mesausy Betes Chengula
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
15 February 2023
Procedural Posture
Land Case / Judgment
Outcome
Plaintiff's suit allowed; counter claim dismissed.
Legal Topics
Mortgage Validity, Public Auction Procedure, Ownership Transfer, Mesne Profits, General Damages, Counter Claim, Spousal Consent, Burden of Proof
Source Language
English
Land Law Civil Procedure Banking Law Mortgage Validity Public Auction Procedure Ownership Transfer Mesne Profits General Damages +3 more

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Parties

Christopher Michael Kadeo

Plaintiff (main Suit) / 4th Defendant (counter Claim)

Glory Gersoni Kizinga

1st Defendant (main Suit)

John Chulla Costantino

2nd Defendant (main Suit) / Plaintiff (counter Claim)

Amana Bank Limited

1st Defendant (counter Claim)

Ahadi Company Limited

2nd Defendant (counter Claim)

Mesausy Betes Chengula

3rd Defendant (counter Claim) / 3rd Defendant (main Suit)

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether there was any valid mortgage of the suit property
  2. 2 Whether the sale of the mortgaged property was legally concluded
  3. 3 Whether the 1st defendant in the counter claim and the 3rd defendant in the main case gave vacant possession of the mortgaged property to the plaintiff

Ratio Decidendi

The mortgage of the suit property was valid, spousal consent was given, and the sale was lawful though procedurally irregular. The irregularities did not prejudice the defendants or cause injustice. Ownership passed to the plaintiff as a bona fide purchaser upon registration. Defendants failed to prove fraud or entitlement to damages. The plaintiff is the lawful owner and entitled to vacant possession; mesne profits and general damages were not proved.

Court Disposition

Plaintiff's suit allowed; counter claim dismissed.

Orders

  • Plaintiff declared lawful owner of Plot No. 41 Block 'A' with CT No. 37261 at Yombo Vituka, Temeke Municipality, Dar es Salaam.
  • 1st and 2nd Defendants in the main suit to vacate the suit premises.