ulimwengu abdul kigina vs crdb bank plc and 2 others 2020 tzhccomd 2093 9 november 2020

ulimwengu abdul kigina vs crdb bank plc and 2 others 2020 tzhccomd 2093 9 november 2020

The auction of the suit property was null and void due to failure by the 1st and 2nd defendants to comply with mandatory statutory procedures, specifically the absence of a sixty days notice of default issued by the mortgagee and failure to properly advertise the auction date. However, the plaintiff was in breach of the loan agreement, and thus not entitled to damages or compensation.

Citation
ulimwengu abdul kigina vs crdb bank plc and 2 others 2020 tzhccomd 2093 9 november 2020
Parties
Plaintiff: Ulimwengu Abdul Kigina; 1st Defendant: CRDB Bank PLC; 2nd Defendant: Jupiter Auction Mart; 3rd Defendant: Mselemi Kandili
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
9 November 2020
Procedural Posture
Commercial Case / Judgment
Outcome
Auction of the suit property declared null and void; plaintiff awarded half costs; no damages or compensation granted.
Legal Topics
Loan Default, Mortgage Enforcement, Public Auction, Notice Requirements, Damages, Nullification of Sale
Source Language
English
Banking Law Property Law Civil Procedure Loan Default Mortgage Enforcement Public Auction Notice Requirements Damages +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Ulimwengu Abdul Kigina

Plaintiff

CRDB Bank PLC

1st Defendant

Jupiter Auction Mart

2nd Defendant

Mselemi Kandili

3rd Defendant

Procedural Posture

Commercial Case / Judgment

Legal Issues

  1. 1 Whether there was a breach of the terms of the loan facility agreement
  2. 2 Whether the sale of the suit property was lawful
  3. 3 To what reliefs are the parties entitled

Ratio Decidendi

The auction of the suit property was null and void due to failure by the 1st and 2nd defendants to comply with mandatory statutory procedures, specifically the absence of a sixty days notice of default issued by the mortgagee and failure to properly advertise the auction date. However, the plaintiff was in breach of the loan agreement, and thus not entitled to damages or compensation.

Court Disposition

Auction of the suit property declared null and void; plaintiff awarded half costs; no damages or compensation granted.

Orders

  • The auction of the suit property on 14th January, 2017 is declared null and void.
  • Defendants to pay the plaintiff half of the costs of the case.