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Tanzania Case Law

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Land law BAHARI LIMITED SCANNED

BAHARI LIMITED SCANNED

The plaintiff's suit, presented as a summary suit, sought reliefs outside the scope permitted under Order XXXV of the Civil Procedure Code and section 140 of the Land Act. The law restricts summary suits to specific reliefs, and the plaintiff's claims do not fall within those. The suit is incompetent and must be struck out; it cannot be converted to ordinary proceedings.

  • Summary suit
  • Mortgagee power of sale
  • Summary proceedings
  • Jurisdiction
  • Reliefs under mortgage
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Land law Land Appeal No

Land Appeal No

Appellant failed to discharge the burden of proof regarding loan repayment and discrepancies; no credible evidence was produced to challenge the mortgagee's lawful exercise of power of sale. Incorrect citation of statutory provision did not materially affect the outcome.

  • Mortgagee power of sale
  • Burden of proof
  • Loan agreement discrepancies
  • Procedural fairness
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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.