tpb bank plc vs lilian charles juju 2 others 2023 tzhclandd 15772 31 march 2023

tpb bank plc vs lilian charles juju 2 others 2023 tzhclandd 15772 31 march 2023

The Tribunal lacked jurisdiction to entertain the suit against TPB Bank PLC, a government entity, because the statutory 90-day notice was not issued and the Attorney General was not joined as a necessary party, in contravention of the Government Proceedings Act. This non-compliance vitiated the proceedings.

Citation
tpb bank plc vs lilian charles juju 2 others 2023 tzhclandd 15772 31 march 2023
Parties
Appellant: TPB Bank PLC; 1st Respondent: Lilian Charles Julu; 2nd Respondent: Mrashi Auction Mart & Court Brokers; 3rd Respondent: Sheni Abdallah Saleh
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
31 March 2023
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Jurisdiction of Tribunal, Government Proceedings Act Compliance, Mortgage and Auction Procedure, Joinder of Attorney General
Source Language
English
Land Law Civil Procedure Jurisdiction of Tribunal Government Proceedings Act Compliance Mortgage and Auction Procedure Joinder of Attorney General

Case Brief

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Parties

TPB Bank PLC

Appellant

Lilian Charles Julu

1st Respondent

Mrashi Auction Mart & Court Brokers

2nd Respondent

Sheni Abdallah Saleh

3rd Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal had jurisdiction to entertain the suit against a government entity without compliance with the Government Proceedings Act
  2. 2 Whether the auction of the mortgaged property was conducted lawfully

Ratio Decidendi

The Tribunal lacked jurisdiction to entertain the suit against TPB Bank PLC, a government entity, because the statutory 90-day notice was not issued and the Attorney General was not joined as a necessary party, in contravention of the Government Proceedings Act. This non-compliance vitiated the proceedings.

Court Disposition

Appeal allowed

Orders

  • Judgment, Decree, and proceedings of the District Land and Housing Tribunal for Ilala in Application No. 167 of 2020 quashed
  • No order as to costs