ramore abdallah mangoni vs access bank and others 2021 tzhclandd 6764 1 december 2021
Deposits of 18,000,000/= were proven by bank statements; appellant did not dispute withdrawals; since auction was illegal and appellant retained property, he must refund proceeds.
- Citation
- ramore abdallah mangoni vs access bank and others 2021 tzhclandd 6764 1 december 2021
- Parties
- Appellant: Romore Abdallah Mangoni; Respondent: Access Bank; Respondent: Nolic Company Ltd; Respondent: Rashid Vullu
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 December 2021
- Procedural Posture
- Land Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Illegal Auction, Loan Agreement, Evidence Evaluation, Refund of Proceeds
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Parties
Romore Abdallah Mangoni
Appellant
Access Bank
Respondent
Nolic Company Ltd
Respondent
Rashid Vullu
Respondent
Procedural Posture
Land Appeal / Judgment
Legal Issues
- 1 Whether the appellant was correctly ordered to refund 18,000,000/= to the respondent
- 2 Whether there was proof of deposit and withdrawal of the auction proceeds
- 3 Whether the trial tribunal properly evaluated the evidence
Ratio Decidendi
Deposits of 18,000,000/= were proven by bank statements; appellant did not dispute withdrawals; since auction was illegal and appellant retained property, he must refund proceeds.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed in its entirety with costs.
- Appellant to refund 18,000,000/= to respondent.
Full Case Text
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