zarufa seif mkitigi vs hassan amir kwangaya others 2018 tzhclandd 40 2 february 2018

The appellant was the legal wife of the 1st respondent and did not consent to the mortgage; therefore, the mortgage and subsequent sale were unlawful and void.

Source-derived case information.

Citation: zarufa seif mkitigi vs hassan amir kwangaya others 2018 tzhclandd 40 2 february 2018
Parties: Appellant: Zarufa Seif Mkitigi; 1st Respondent: Hassan Amiri Kwangaya; 2nd Respondent: Shani Yahaya Marandu; 3rd Respondent: Mwafrika Group Limited; 4th Respondent: Pride Tanzania Limited; 5th Respondent: Prosper Joseph Tairo
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 2 February 2018
Procedural Posture: Land Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Matrimonial Property, Spousal Consent, Mortgage Validity, Unlawful Sale, Injunction
Source Language: english

Land Law Family Law Matrimonial Property Spousal Consent Mortgage Validity Unlawful Sale Injunction

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Full judgment text Downloadable case file Legal principles 1 Party arguments 2 Amounts and remedies 4

Parties

Zarufa Seif Mkitigi

Appellant

Hassan Amiri Kwangaya

1st Respondent

Shani Yahaya Marandu

2nd Respondent

Mwafrika Group Limited

3rd Respondent

Pride Tanzania Limited

4th Respondent

Prosper Joseph Tairo

5th Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

1 Whether the appellant was the legal wife of the 1st respondent
2 Whether spousal consent was obtained for the mortgage of matrimonial property
3 Whether the sale of the suit premises was lawful

Ratio Decidendi

The appellant was the legal wife of the 1st respondent and did not consent to the mortgage; therefore, the mortgage and subsequent sale were unlawful and void.

Court Disposition

appeal allowed

Orders

Decision of the District Land and Housing Tribunal in Land Application No. 216 of 2012 set aside
Auction of the suit premises to the 5th respondent declared null and void

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