Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Tanzania decisions
Decisions matching the current search
The High Court upheld a mortgage sale by public auction, rejected objections over the auction process and evidence, and dismissed the appeal.
High Court civil appeal over an auction sale dispute held the contract unenforceable for illegality and allowed the appeal, setting aside the trial court’s damages award.
The auction and sale of the mortgaged house were lawful as public notice was given in accordance with the law, and the sale to the second highest bidder (third defendant) after the highest bidder defaulted did not invalidate the transaction. No evidence of fraud, collusion, or substantial procedural irregularity was established. The third defendant is a bonafide purchaser. Plaintiffs' default on the loan and failure to prove their claims led to dismissal of the suit.
Source excerpt
The appeal was dismissed because the appellant failed to comply with mandatory statutory procedures for seizure and auction of property, including failure to provide proper notice, lack of required attachments and evidence, and improper reliance on legal provisions. The trial court's decision to order reimbursement to respondents was upheld as the auction and forfeiture were conducted unlawfully.
Source excerpt
The High Court allowed a land appeal, held that mandatory statutory notices were not proved, and nullified the sale of mortgaged property.
The sale of the plaintiff's properties by public auction was unlawful for failure to follow legal procedures, including doubts as to whether a genuine public auction was conducted and whether the best price was obtained. The 1st defendant breached the duty of care by not obtaining the best price reasonably obtainable. The plaintiff's evidence was found more credible, entitling him to declaratory relief, setting aside of the sale and certificate, restoration of ownership, general damages, and costs.
Source excerpt
The Court of Appeal held that the municipal council could not seize and sell immovable property out of court to recover unpaid property tax under the Act.
The Court of Appeal held that Arusha Municipal Council could not sell immovable property by out-of-court auction to recover property tax arrears.
Explore more
