zuberi ramadhani shaidi vs tpb bank plc another 2022 tzhclandd 4 11 january 2022
The appellant failed to discharge the burden of proof on the balance of probabilities regarding the unlawfulness of the sale and entitlement to reliefs. There was no credible evidence to support the appellant's claims, and the respondents followed lawful procedures in disposing of the mortgaged property.
- Citation
- zuberi ramadhani shaidi vs tpb bank plc another 2022 tzhclandd 4 11 january 2022
- Parties
- Appellant: Zuberi Ramadhani Rashidi; 1st Respondent: TPB Bank PLC; 2nd Respondent: Mrashi Auction Mart
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 11 January 2022
- Procedural Posture
- Land Appeal / Judgment on Appeal
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Mortgage Enforcement, Loan Default, Injunction, Burden of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Zuberi Ramadhani Rashidi
Appellant
TPB Bank PLC
1st Respondent
Mrashi Auction Mart
2nd Respondent
Procedural Posture
Land Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the sale of the mortgaged property was lawful
- 2 Whether the appellant was entitled to the reliefs sought
Ratio Decidendi
The appellant failed to discharge the burden of proof on the balance of probabilities regarding the unlawfulness of the sale and entitlement to reliefs. There was no credible evidence to support the appellant's claims, and the respondents followed lawful procedures in disposing of the mortgaged property.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed
- Appellant to pay costs
Full Case Text
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