rogati k katende vs crdb bank plc and two others 2023 tzhc 22663 17 november 2023

rogati k katende vs crdb bank plc and two others 2023 tzhc 22663 17 november 2023

The court found that all statutory requirements for the exercise of the mortgagee's power of sale were met, including issuance of default notices, publication of auction, and proper conduct of the auction. The evidence did not support the appellant's claim of two successful bidders, and the rejection of the bank statement was proper due to failure to establish custody and relevance. The 3rd respondent lawfully acquired title as the highest bidder at a valid auction.

Citation
rogati k katende vs crdb bank plc and two others 2023 tzhc 22663 17 november 2023
Parties
Appellant: Rogath K. Katende; Respondent: CRDB Bank PLC; Respondent: City Land Company Ltd; Respondent: Abdallah Abubakar Saggaf
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 November 2023
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Mortgage Enforcement, Public Auction Procedures, Admissibility of Evidence, Right of Occupancy, Bonafide Purchaser Protection
Source Language
English
Land Law Banking Law Mortgage Enforcement Public Auction Procedures Admissibility of Evidence Right of Occupancy Bonafide Purchaser Protection

Case Brief

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Parties

Rogath K. Katende

Appellant

CRDB Bank PLC

Respondent

City Land Company Ltd

Respondent

Abdallah Abubakar Saggaf

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the public auction of the mortgaged property was valid
  2. 2 Whether the rejection of the appellant's bank statement as evidence was proper
  3. 3 Whether the 3rd respondent lawfully acquired title to the property

Ratio Decidendi

The court found that all statutory requirements for the exercise of the mortgagee's power of sale were met, including issuance of default notices, publication of auction, and proper conduct of the auction. The evidence did not support the appellant's claim of two successful bidders, and the rejection of the bank statement was proper due to failure to establish custody and relevance. The 3rd respondent lawfully acquired title as the highest bidder at a valid auction.

Court Disposition

Appeal dismissed

Orders

  • Judgment and decree of the District Land and Housing Tribunal upheld
  • 3rd respondent declared rightful owner of the property