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Tanzania decisions
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The Defendants failed to demonstrate that the parties and issues in the present suit are identical to those in the prior mediation cases; the requirements for res judicata under Section 9 of the Civil Procedure Code are not satisfied.
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The appeal was dismissed because the tribunal correctly rejected inadmissible documents, properly evaluated the evidence, and lawfully awarded costs to the successful respondents. The appellant failed to establish any error in law or fact by the tribunal.
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The High Court’s Land Division granted an uncontested temporary injunction stopping Maendeleo Bank PLC from auctioning a mortgaged plot pending the main case.
The lender is entitled to recover the outstanding balance of the credit facility from the borrower after sale of the mortgaged property, as the borrower's obligation to repay the loan persists unless there is evidence of bad faith or fraud in the auction process.
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The High Court struck out an application challenging the auction of mortgaged property, holding it was brought under the wrong procedure and was therefore incompetent.
Failure to join the bona fide purchaser as a necessary party renders the proceedings before the DLHT null; any decision affecting the auctioned properties would affect the purchaser, making their inclusion mandatory.
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The applicants established sufficient cause for extension of time based on illegality, specifically that the purchaser of the property was an employee of the decree holder and initiated execution proceedings without evidence of court permission as required by law. This illegality justifies granting the application.
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Applicant established triable issues, risk of irreparable loss, and balance of convenience favored applicant; injunction granted to restrain respondents from auctioning property pending determination of main suit.
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The statutory notices of default served by the First Defendant were void for failure to indicate the date of receipt by the Plaintiffs as required by law, rendering the subsequent auction and sale of the mortgaged property unlawful. Plaintiffs failed to prove forgery or entitlement to damages, and the claim for monetary compensation was dismissed for lack of evidence.
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The High Court upheld a bank’s power of sale over mortgaged property after default, finding that statutory notice was served on the mortgagor and procedure was followed.
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