peter zacharial samo vs efc tanzania mfc ltd and another 2020 tzhclandd 118 24 april 2020
The property was sold at less than 50% of forced market value and around 30% of market value, contravening Section 133 of the Land Act; auction procedure for business equipment was improper and lacked specification; both sales were unlawful.
- Citation
- peter zacharial samo vs efc tanzania mfc ltd and another 2020 tzhclandd 118 24 april 2020
- Parties
- Plaintiff: Peter Zacharia Samo; 1st Defendant: EFC Tanzania M.F.C. Limited; 2nd Defendant: Msolpoa Investment Co. Ltd
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 24 April 2020
- Procedural Posture
- Land Case / Judgment
- Outcome
- judgment for plaintiff; counterclaim dismissed
- Legal Topics
- Mortgage Sale, Auction Procedure, Valuation, Damages
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Peter Zacharia Samo
Plaintiff
EFC Tanzania M.F.C. Limited
1st Defendant
Msolpoa Investment Co. Ltd
2nd Defendant
Procedural Posture
Land Case / Judgment
Legal Issues
- 1 Whether the sale of the disputed property was lawful
- 2 Whether the seizure/taking possession of the plaintiff's properties (business equipment) by the 1st defendant was lawful
- 3 To what reliefs are the parties entitled to
Ratio Decidendi
The property was sold at less than 50% of forced market value and around 30% of market value, contravening Section 133 of the Land Act; auction procedure for business equipment was improper and lacked specification; both sales were unlawful.
Court Disposition
judgment for plaintiff; counterclaim dismissed
Orders
- Public auction of suit property nullified
- Plaintiff remains lawful owner of suit property
Full Case Text
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