national microfinance bank another vs wamilika yesaya 2018 tzhclandd 540 10 august 2018

national microfinance bank another vs wamilika yesaya 2018 tzhclandd 540 10 august 2018

The District Land and Housing Tribunal had jurisdiction as the dispute involved mortgaged property and the appellants failed to initiate arbitration; the sale of the property was unlawful as it was conducted in violation of an injunctive order.

Citation
national microfinance bank another vs wamilika yesaya 2018 tzhclandd 540 10 august 2018
Parties
1st Appellant: National Microfinance Bank; 2nd Appellant: Bani Investment Limited; Respondent: Wamilika Yesaya
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
10 August 2018
Procedural Posture
Land Appeal / Judgment
Outcome
Appeal dismissed against 1st appellant with costs; appeal upheld against 2nd appellant.
Legal Topics
Mortgage, Jurisdiction, Arbitration Clause, Injunction, Unlawful Sale
Source Language
English
Land Law Commercial Law Mortgage Jurisdiction Arbitration Clause Injunction Unlawful Sale

Case Brief

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Parties

National Microfinance Bank

1st Appellant

Bani Investment Limited

2nd Appellant

Wamilika Yesaya

Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal had jurisdiction to entertain the matter
  2. 2 Whether the parties were bound to submit to arbitration under the loan agreement
  3. 3 Whether the sale of the disputed premises was lawful

Ratio Decidendi

The District Land and Housing Tribunal had jurisdiction as the dispute involved mortgaged property and the appellants failed to initiate arbitration; the sale of the property was unlawful as it was conducted in violation of an injunctive order.

Court Disposition

Appeal dismissed against 1st appellant with costs; appeal upheld against 2nd appellant.

Orders

  • Sale of the property is nullified.
  • Purchaser to issue vacant possession.