romore abdallah mangoni vs access bank 2 others 2021 tzhclandd 6839 1 december 2021
The appellant received and withdrew the proceeds of the illegal auction (18,000,000 TZS) from his account, and since the auction was declared illegal and he retained his property, he is obliged to refund the amount to the 1st respondent.
- Citation
- romore abdallah mangoni vs access bank 2 others 2021 tzhclandd 6839 1 december 2021
- Parties
- Appellant: Romore Abdallah Mangoni; 1st Respondent: Access Bank; 2nd Respondent: Nolic Company Ltd; 3rd Respondent: Rashid Vullu
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 December 2021
- Procedural Posture
- Land Appeal / Judgment on Appeal
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Illegal Auction, Loan Agreement, Refund of Proceeds, Burden of Proof, Evaluation of Evidence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Romore Abdallah Mangoni
Appellant
Access Bank
1st Respondent
Nolic Company Ltd
2nd Respondent
Rashid Vullu
3rd Respondent
Procedural Posture
Land Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the appellant was properly ordered to refund 18,000,000 TZS to the 1st respondent
- 2 Whether there was sufficient evidence of deposit and withdrawal of auction proceeds
- 3 Whether the trial tribunal correctly evaluated the evidence
Ratio Decidendi
The appellant received and withdrew the proceeds of the illegal auction (18,000,000 TZS) from his account, and since the auction was declared illegal and he retained his property, he is obliged to refund the amount to the 1st respondent.
Court Disposition
Appeal dismissed with costs
Orders
- Appellant to refund 18,000,000 TZS to the 1st respondent as previously ordered
- Appellant to pay costs of the appeal
Full Case Text
Judgment text and source record
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