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Tanzania decisions
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The High Court found the defendants misrepresented a mortgaged property sold at auction, making the contract voidable and awarding refund, damages, interest, and costs.
The High Court held that Azania Bank failed to hand over vacant possession of auctioned property and awarded the purchasers special and general damages, interest, and costs.
The Court of Appeal held that an auction purchaser could not acquire more title than the judgment debtor owned, and dismissed the appeal with costs.
The plaintiff failed to exercise due diligence before purchasing the suit property, which was subject to a registered mortgage at the time of auction. The 1st defendant, as the registered owner, holds better title. The 2nd defendant lawfully exercised its power of sale after the 4th defendant defaulted on the loan. The plaintiff is not entitled to ownership but is entitled to damages from the 4th defendant and refund of the bid price if applicable.
Source excerpt
The High Court dismissed a land appeal, holding that the appellant failed to prove valid title from a lawful auction and that the tribunal properly evaluated the evidence.
Even if the sale to the respondent was invalid for lack of proper administration, the appellant failed to prove his own ownership, and the land remains an unadministered estate; thus, the appeal fails.
Source excerpt
The High Court allowed a land appeal, finding the appellant was not joined in proceedings affecting the sale and that the executing court lacked jurisdiction to set aside the sale.
The High Court allowed a land appeal, holding that a bona fide purchaser had not been joined as a necessary party and that the executing court lacked jurisdiction.
The Court of Appeal reviewed its earlier ruling for breach of the right to be heard, then upheld the auction sale and found the buyers were bona fide purchasers.
The Court of Appeal dismissed an application for stay of execution, holding that the applicant had not met the cumulative requirements under the 2009 Rules, including security.
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