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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 has jurisdiction to entertain a suit challenging a consent decree allegedly procured by fraud or misrepresentation; filing a fresh suit is an appropriate remedy as established by Court of Appeal precedents.
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The sale contract was illegal and void ab initio as the respondent, a non-citizen, could not lawfully acquire land under section 20 of the Land Act; thus, ownership did not pass and the appellant remains the rightful owner, subject to refunding the purchase price.
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The High Court recorded a Deed of Settlement as a consent judgment, resolving a land and mortgage dispute between the plaintiffs and Bank of India (Tanzania) Limited.
The CMA erred by not affording the parties the right to be heard on whether the breach of contract complaint was timely filed, and by failing to determine the issue of misrepresentation. The right to be heard is fundamental and its violation renders the decision a nullity. The matter must be remitted to the CMA for proper determination.
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The appellant was not a party to the sale agreement, and fraud was not specifically pleaded or proved against him to the required standard; respondent relied on his own due diligence and official search, not inducement by appellant; thus, appellant is not liable for refund or damages.
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The High Court dismissed I & M Bank’s claim for the remaining loan balance after sale of mortgaged property, finding negligence and bad faith in the valuation and sale process.
The court held that the applicant demonstrated sufficient cause for extension of time based on apparent illegality in the lower court's decision, specifically the deprivation of her right to inherit due to a misrepresented deed of settlement. The illegality was clear on the face of the record, justifying the grant of extension despite the delay.
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The High Court upheld a tribunal decision finding the second respondent was a bona fide purchaser for value of disputed land and dismissed the appeal.
The High Court held that the sale of the Mwanza house was unlawful because the seller had no title, but ordered refund of the purchase price and renovation-related damages.
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