RUHINDA JUDGMENT
The High Court allowed CRDB Bank’s appeal, finding the first respondent was not proved to live in the mortgaged house and the bank was not negligent.
- Matrimonial home
- Spousal consent
- Mortgage
- Collateral
- Negligence
- Matrimonial-home
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mansour k scanned
The High Court’s Land Division held the defendant breached a sale agreement for a residential licence but ordered only a refund of TZS 50,000,000; the third party was exonerated.
- Specific performance
- Breach of contract
- Jurisdiction
- Damages
- Refund of purchase price
- Mortgage
4
The appellant was only a guarantor, not the borrower; the DLHT misdirected itself by considering only respondents' evidence and failing to properly evaluate the evidence; the sale of the Disputed Property was inappropriate as the first respondent was the borrower and her property should have been sold first.
Source excerpt
- Mortgage
- Guarantee
- Burden of proof
- Public auction
- Pleadings
NEEMAN MAKONGORO SCANNED
Applicants satisfied all three conditions for grant of temporary injunction: existence of prima facie case, irreparable harm not compensable by damages, and balance of convenience favors applicants; thus, injunction granted pending determination of main suit.
Source excerpt
- Temporary injunction
- Mortgage
- Irreparable harm
- Balance of convenience
Issa Kavina scanned
The applicant failed to demonstrate irreparable loss he would suffer if the injunction was not granted; only the existence of a prima facie case was established, thus the application does not meet all required conditions for a temporary injunction.
Source excerpt
- Temporary injunction
- Mortgage
- Irreparable injury
- Balance of convenience
SCAN 18728
The applicant satisfied all three mandatory conditions for a temporary injunction as set out in Attilio vs. Mbowe (1969) HCD, and the application was not contested by the respondents.
Source excerpt
- Temporary injunction
- Matrimonial property
- Mortgage
- Spousal consent
ZWENA MSELEMU
The High Court dismissed a land appeal, finding the respondent’s evidence of transfer stronger than the appellants’ claims of matrimonial ownership and mortgage.
- Ownership of land
- Matrimonial property
- Mortgage
- Burden of proof
- Land-ownership
- Matrimonial-property
joseph mgana scanned
The High Court struck out a land suit as constructive res sub judice, finding it overlapped with an earlier pending case over the same plot.
- Res subjudice
- Ownership dispute
- Eviction
- Mortgage
- Res-sub-judice
- Land-law
KAJALA HUKUMU
On second appeal, the High Court allowed the appeal in part, holding that collateral land could not be taken without court process where the borrower was ready to repay the loan.
- Loan agreement
- Collateral security
- Mortgage interpretation
- Contract enforcement
- Contract-law
- Loan-agreement
misc
The High Court Land Division dismissed an injunction application over alleged matrimonial properties, finding no proved marriage, no matrimonial home, and abuse of process.
- Temporary injunction
- Matrimonial property
- Mortgage
- Abuse of court process
- Temporary-injunction
- Matrimonial-property
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