samwel wilbroad selli vs national microfinance bank others 2015 tzhc 2057 28 july 2015

samwel wilbroad selli vs national microfinance bank others 2015 tzhc 2057 28 july 2015

The plaintiff failed to fulfill the auction conditions by depositing the balance into the wrong account, so he was not the lawful purchaser; the Branch Manager had authority to nullify the sale; the plaintiff is not entitled to compensation from the 1st defendant but is entitled to a refund from the 2nd defendant.

Citation
samwel wilbroad selli vs national microfinance bank others 2015 tzhc 2057 28 july 2015
Parties
Plaintiff: Samwel Wilbroad Selli; 1st Defendant: National Microfinance Bank; 2nd Defendant: Petro Bariye; 3rd Defendant: HEM Consultants, Auctioneers and General Brokers Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 July 2015
Procedural Posture
Land Case / Judgment
Outcome
partly allowed, partly dismissed
Legal Topics
Public Auction, Mortgage, Refund of Purchase Price, Authority to Nullify Sale
Source Language
English
Land Law Banking Law Civil Procedure Public Auction Mortgage Refund of Purchase Price Authority to Nullify Sale

Case Brief

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Parties

Samwel Wilbroad Selli

Plaintiff

National Microfinance Bank

1st Defendant

Petro Bariye

2nd Defendant

HEM Consultants, Auctioneers and General Brokers Ltd

3rd Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether the plaintiff is the lawful purchaser of the suit house via public auction
  2. 2 Whether the Branch Bank Manager has authority to nullify the selling of the suit house by auction
  3. 3 To what reliefs are the parties entitled

Ratio Decidendi

The plaintiff failed to fulfill the auction conditions by depositing the balance into the wrong account, so he was not the lawful purchaser; the Branch Manager had authority to nullify the sale; the plaintiff is not entitled to compensation from the 1st defendant but is entitled to a refund from the 2nd defendant.

Court Disposition

partly allowed, partly dismissed

Orders

  • 2nd defendant to refund Tshs. 2,000,000 to the plaintiff with court interest of 7% from date of judgment until payment in full
  • No order as to costs