20190903 TZHC Dar es Salaam 1

20190903 TZHC Dar es Salaam 1

The sale of the mortgaged property was unlawful due to material irregularities and non-compliance with statutory notice and auction procedures. The Plaintiff was in default, but the process followed by the Defendants was fatally flawed, rendering the sale void ab initio. The Plaintiff is entitled to reliefs including a declaration of illegality of the sale, restraint of further sale, and general damages.

Citation
20190903 TZHC Dar es Salaam 1
Parties
Plaintiff: NICATICO LIMITED; 1st Defendant: CRDB BANK PLC; 2nd Defendant: NAKAZAELI LUKIO TENGA; 3rd Defendant: COMRADE AUCTION MART CO. LTD
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 September 2019
Procedural Posture
Land Case / Judgment
Outcome
Judgment for the Plaintiff in part
Legal Topics
Mortgage Sale, Auction Procedure, Remedies for Default, General Damages
Source Language
English
Land Law Banking Law Mortgage Sale Auction Procedure Remedies for Default General Damages

Case Brief

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Parties

NICATICO LIMITED

Plaintiff

CRDB BANK PLC

1st Defendant

NAKAZAELI LUKIO TENGA

2nd Defendant

COMRADE AUCTION MART CO. LTD

3rd Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether the sale of the mortgaged property was lawful
  2. 2 Whether the Plaintiff discharged his obligation
  3. 3 Whether the charge of interest during the grace period was proper

Ratio Decidendi

The sale of the mortgaged property was unlawful due to material irregularities and non-compliance with statutory notice and auction procedures. The Plaintiff was in default, but the process followed by the Defendants was fatally flawed, rendering the sale void ab initio. The Plaintiff is entitled to reliefs including a declaration of illegality of the sale, restraint of further sale, and general damages.

Court Disposition

Judgment for the Plaintiff in part

Orders

  • Declaration that the sale of the mortgaged property to the 2nd Defendant was illegal and void ab initio
  • Declaration that the 1st Defendant's intention to sell the mortgaged SCANIA Bus is illegal