19890316 TZHC Arusha

The court found the land was pledged, not sold, and must be returned to the respondent upon repayment of the loan and compensation for unexhausted improvements made by the appellant.

Citation: 19890316 TZHC Arusha
Parties: Appellant: Thomas S. Mshometta; Respondent: Jifundi Lemba
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 16 March 1989
Procedural Posture: Civil Appeal / Second Appeal From District Court Decision
Outcome: appeal dismissed
Legal Topics: Pledge of Land, Loan Recovery, Unexhausted Improvements, Right of Redemption
Source Language: English

Property Law Contract Law Pledge of Land Loan Recovery Unexhausted Improvements Right of Redemption

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Parties

Thomas S. Mshometta

Appellant

Jifundi Lemba

Respondent

Procedural Posture

Civil Appeal / Second Appeal From District Court Decision

Legal Issues

1 Whether the land in dispute was sold or pledged for a loan
2 Whether the appellant is entitled to retain the land or must return it upon repayment of the loan and compensation for unexhausted improvements

Ratio Decidendi

The court found the land was pledged, not sold, and must be returned to the respondent upon repayment of the loan and compensation for unexhausted improvements made by the appellant.

Court Disposition

appeal dismissed

Orders

Appellant to give up the land upon being paid shs. 1400/- and the value of unexhausted development carried out by him on the land
Value of unexhausted development to be assessed by an appropriate authority