ramore abdallah mangoni vs access bank and others 2021 tzhclandd 6764 1 december 2021

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

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Parties

Romore Abdallah Mangoni

Appellant

Access Bank

Respondent

Nolic Company Ltd

Respondent

Rashid Vullu

Respondent

Procedural Posture

Land Appeal / Judgment

  1. 1 Whether the appellant was correctly ordered to refund 18,000,000/= to the respondent
  2. 2 Whether there was proof of deposit and withdrawal of the auction proceeds
  3. 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.