moshi electrical light co ltd others vs equity bank t ltd others 2017 tzhc 2027 24 july 2017
The sale of suit property no. 1 was illegal and ineffectual as it was not preceded by the mandatory 60 days notice of default to the mortgagor as required by law. The intended sale of suit properties nos. 2 and 3 was also illegal for want of statutory notice. The protection of a bona fide purchaser under section 135 of the Land Act does not apply as there was no evidence of registration of transfer or compliance with statutory requirements.
- Citation
- moshi electrical light co ltd others vs equity bank t ltd others 2017 tzhc 2027 24 july 2017
- Parties
- Plaintiff: Moshi Electrical Light Co. Ltd; Plaintiff: Living Rogati Moshy; Plaintiff: John Mapesa Shinyela; Defendant: Equity Bank (T) Ltd; Defendant: M/S Nkya Co. Ltd; Defendant: Arobogast Shirima
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 24 July 2017
- Procedural Posture
- Land Case / Judgment
- Outcome
- Judgment for the plaintiffs
- Legal Topics
- Mortgage, Power of Sale, Notice of Default, Injunction, Damages, Registration of Transfer
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Moshi Electrical Light Co. Ltd
Plaintiff
Living Rogati Moshy
Plaintiff
John Mapesa Shinyela
Plaintiff
Equity Bank (T) Ltd
Defendant
M/S Nkya Co. Ltd
Defendant
Arobogast Shirima
Defendant
Procedural Posture
Land Case / Judgment
Legal Issues
- 1 Whether the sale of suit property no. 1 was legal and effectual
- 2 Whether the intended sale of suit properties nos. 2 and 3 was legal and effectual
- 3 What reliefs the parties are entitled to
Ratio Decidendi
The sale of suit property no. 1 was illegal and ineffectual as it was not preceded by the mandatory 60 days notice of default to the mortgagor as required by law. The intended sale of suit properties nos. 2 and 3 was also illegal for want of statutory notice. The protection of a bona fide purchaser under section 135 of the Land Act does not apply as there was no evidence of registration of transfer or compliance with statutory requirements.
Court Disposition
Judgment for the plaintiffs
Orders
- The sale of suit property no. 1 is nullified and set aside.
- Defendants are permanently restrained from selling suit properties nos. 2 and 3 without complying with legal requirements under the Land Act.
Full Case Text
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