wiliam getari kegere vs equity bank and ultimate auction mart 2021 tzhc 6777 28 october 2021

The court found that two points of law raised by the applicant were arguable and warranted consideration by the Court of Appeal, thus granting leave to appeal.

Citation: wiliam getari kegere vs equity bank and ultimate auction mart 2021 tzhc 6777 28 october 2021
Parties: Applicant: William Getari Kegege; 1st Respondent: Equity Bank; 2nd Respondent: Ultimate Auction Mart
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 28 October 2021
Procedural Posture: Miscellaneous Land Application / Ruling on Application for Leave to Appeal to the Court of Appeal
Outcome: Application for leave to appeal granted
Legal Topics: Leave to Appeal, Appellate Procedure, Mortgage, Sale of Mortgaged Property
Source Language: English

Land Law Civil Procedure Leave to Appeal Appellate Procedure Mortgage Sale of Mortgaged Property

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 4

Parties

William Getari Kegege

Applicant

Equity Bank

1st Respondent

Ultimate Auction Mart

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Leave to Appeal to the Court of Appeal

Legal Issues

1 Whether it was proper for the first appellate court to dismiss the appeal in the absence of the proper trial tribunal's judgment and decree
2 Whether it was correct in terms of the procedure for the first appellate court to determine the issue which was not framed and determined by the trial tribunal

Ratio Decidendi

The court found that two points of law raised by the applicant were arguable and warranted consideration by the Court of Appeal, thus granting leave to appeal.

Court Disposition

Application for leave to appeal granted

Orders

Leave to appeal to the Court of Appeal against the decision in Land Appeal No 71 of 2014 is granted
Costs shall follow the cause