richard joseph kariuki vs kongo david okelo 2 others 2022 tzhc 14034 24 october 2022

The failure by the 2nd respondent to serve a written default notice and by the 3rd respondent to issue a fourteen-day auction notice, both being mandatory legal requirements, rendered the sale of the mortgaged property invalid and vitiated the entire process.

Citation: richard joseph kariuki vs kongo david okelo 2 others 2022 tzhc 14034 24 october 2022
Parties: Appellant: Richard Joseph Kariuki; 1st Respondent: Kongo David Okelo; 2nd Respondent: National Microfinance Bank PLC (Tarime Branch); 3rd Respondent: L J International Ltd
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 24 October 2022
Procedural Posture: Land Appeal / Judgment on Appeal
Outcome: Appeal allowed
Legal Topics: Mortgage Enforcement, Public Auction Procedures, Statutory Notice Requirements, Sale of Mortgaged Property
Source Language: English

Land Law Banking Law Mortgage Enforcement Public Auction Procedures Statutory Notice Requirements Sale of Mortgaged Property

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Parties

Richard Joseph Kariuki

Appellant

Kongo David Okelo

1st Respondent

National Microfinance Bank PLC (Tarime Branch)

2nd Respondent

L J International Ltd

3rd Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

1 Whether the appellant was served with a statutory default notice before sale of mortgaged property
2 Whether the procedures for public auction were followed
3 Whether the sale price was in accordance with statutory requirements

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Judgment and decree of the District Land and Housing Tribunal quashed and set aside
Purported sale of the suit property nullified