ramadhani said vs efct microfinance bank ltd others 2021 tzhclandd 80 25 february 2021

The sale of the mortgaged property was unlawful due to failure by the 1st and 2nd defendants to issue and serve mandatory statutory notices to the plaintiff prior to auction, rendering the sale null and void.

Citation: ramadhani said vs efct microfinance bank ltd others 2021 tzhclandd 80 25 february 2021
Parties: Plaintiff: Ramadhani Said; 1st Defendant: EFC (T) Microfinance Bank Ltd; 2nd Defendant: Yono Auction Mart & Co. Ltd; 3rd Defendant: Gerald Simon Mwacha
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 25 February 2021
Procedural Posture: Land Case / Judgment
Outcome: Judgment for plaintiff; sale of property nullified; nominal damages awarded.
Legal Topics: Mortgage Enforcement, Auction Sale, Notice Requirements, Loan Default, Damages
Source Language: English

Land Law Banking Law Contract Law Mortgage Enforcement Auction Sale Notice Requirements Loan Default Damages

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Parties

Ramadhani Said

Plaintiff

EFC (T) Microfinance Bank Ltd

1st Defendant

Yono Auction Mart & Co. Ltd

2nd Defendant

Gerald Simon Mwacha

3rd Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

1 Whether the sale of the mortgaged property was lawful
2 Whether due process was followed in the auction sale
3 Whether the plaintiff is entitled to reliefs sought

Ratio Decidendi

Court Disposition

Judgment for plaintiff; sale of property nullified; nominal damages awarded.

Orders

Sale of the suit property by the 2nd defendant at the instance of the 1st defendant to the 3rd defendant is nullified and set aside.
Plaintiff awarded nominal damages of Tshs 4,000,000/- with court interest of 12% from date of judgment until full settlement.