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Tanzania decisions
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The applicants met the conditions for a temporary injunction as set out in Attilio vs. Mbowe, and the application was unopposed. Therefore, the court granted the temporary injunction restraining the respondents from disposing of or tampering with the suit premises pending the hearing of the main case.
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The Plaintiff failed to provide sufficient evidence to prove the existence of the mortgage, the terms of the mortgage agreement, or that the mortgaged property was matrimonial property requiring her consent. Without such evidence, the Court could not vitiate the mortgage or grant the reliefs sought.
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The appellant received Tshs.3,000,000/= as per the signed contract. The letter dated 23/02/2011 constituted a valid novation, not obtained by coercion. There was no legal foreclosure as defined by law; the appellant retains the right to redeem the land upon repayment of the loan. The tribunal erred in declaring the land as property of the respondent and in ordering change of ownership without proper legal process.
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Appeal allowed in a land mortgage dispute. The High Court held the appellant could redeem the land after repaying Tshs.3,000,000, and set aside the tribunal’s transfer order.
The plaintiff borrowed money and mortgaged his house as security. He failed to repay the debt, and the defendant lawfully sold the property. The plaintiff's denial of the mortgage was found to be an afterthought and unsupported by evidence.
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The Court of Appeal struck out NBC Holding Corporation’s appeal, holding that the challenge to sale of the matrimonial home was based on the wrong originating suit.
High Court appeal over a coffee commission agency dispute and alleged accounting shortfall was dismissed; the court found the claims unproven.
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