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Tanzania Case Law

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Land law 15

15

Court
TANZLII

The sale of the disputed property occurred before any administrator was appointed; thus, the sellers were executors of their own wrong. However, the sale was agreed to by the majority of heirs, including the appellant, and the fourth respondent purchased in good faith. The appellant had locus standi as she attached letters of administration to her application. The fourth respondent is a bona fide purchaser for value, and the appeal lacks merit.

Source excerpt

  • Bona fide purchaser
  • Locus standi
  • Administration of estates
  • Sale of estate property
  • Consent of heirs
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Civil procedure Penzia Nicodemus Haule v

Penzia Nicodemus Haule v

Court
TANZLII

The applicant failed to establish a prima facie case, irreparable loss, and that the balance of convenience favored her; the respondent is a bona fide purchaser and the applicant's assertions were unsupported by sufficient evidence.

Source excerpt

  • Temporary injunction
  • Matrimonial property
  • Bona fide purchaser
  • Irreparable loss
  • Balance of convenience
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Property law 1

1

Court
TANZLII

The appellants failed to prove the restraining order was served before the auction; loan repayment did not follow contractual schedule, constituting default; auction procedures and notice requirements were complied with; omission of counterclaim did not prejudice appellants; evidence was properly evaluated; and bona fide purchaser rights are protected.

Source excerpt

  • Mortgage enforcement
  • Auction procedure
  • Loan default
  • Bona fide purchaser
  • Counterclaim procedure
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Property law aldo hans poppe administrator of the estate of the late zacharia hans poppe and two others vs equity bank tanzania limited 2024 tzhc 525 20 february 2024

aldo hans poppe administrator of the estate of the late zacharia hans poppe and two others vs equity bank tanzania limited 2024 tzhc 525 20 february 2024

Court
TZHC

Statutory default notice was duly served to the deceased mortgagor; plaintiffs were aware of the notice and failed to communicate with the bank or act to repay the debt. Auction and sale complied with legal requirements. Bona fide purchaser protection applies. Plaintiffs failed to discharge burden of proof.

Source excerpt

  • Mortgage enforcement
  • Statutory notice
  • Auction sale
  • Estate administration
  • Bona fide purchaser
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Civil procedure MISC

MISC

Court
TANZLII

The applicant failed to demonstrate irreparable injury or that the balance of convenience favored him, as the property was vacant and any loss could be compensated by damages. The existence of a bona fide purchaser for value further weighed against granting the injunction. Only the prima facie case was established, but the cumulative conditions for a temporary injunction were not met.

Source excerpt

  • Temporary injunction
  • Sale of mortgaged property
  • Bona fide purchaser
  • Irreparable injury
  • Balance of convenience
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Land law Misc

Misc

Court
TANZLII

Applicants established a prima facie case due to procedural irregularities and conflicting positions of respondents regarding the sale of the property. The risk of losing their home constitutes irreparable harm not compensable by damages, and the balance of convenience favors maintaining the status quo pending the main suit.

Source excerpt

  • Temporary injunction
  • Execution of decree
  • Mortgage sale
  • Bona fide purchaser
  • Irreparable harm
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Land law LAND APPEAL NO

LAND APPEAL NO

Court
TANZLII

Failure to join the seller of the disputed land as a necessary party is fatal to the proceedings; therefore, the trial tribunal's proceedings and judgment are nullified.

Source excerpt

  • Joinder of necessary parties
  • Bona fide purchaser
  • Nullification of proceedings
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Land law john godson kiondo va alice godson kiondo and 10 others 2023 tzhc 23083 29 november 2023

john godson kiondo va alice godson kiondo and 10 others 2023 tzhc 23083 29 november 2023

Court
TZHC

Once the estate of the deceased is distributed by administrators and the probate cause is closed without challenge, beneficiaries receive full ownership rights and may lawfully transfer or sell the land; the District Land and Housing Tribunal cannot revisit the validity of a will not recognized by the probate court.

Source excerpt

  • Beneficiaries' rights
  • Validity of oral wills
  • Jurisdiction of land tribunals
  • Distribution of estate
  • Bona fide purchaser
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Land law tanzania commercial bank plc vs mrs shakila parves another 2023 tzca 17794 7 november 2023

tanzania commercial bank plc vs mrs shakila parves another 2023 tzca 17794 7 november 2023

Court
TZCA

The Court of Appeal upheld a property sale to a bona fide purchaser, but confirmed that the second mortgage over a matrimonial home was invalid for lack of spousal consent.

  • Mortgage of matrimonial property
  • Spousal consent
  • Bona fide purchaser
  • Remedies for invalid mortgage
  • Limitation of actions
  • Mortgage-of-matrimonial-home
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About this LexChat collection

Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.