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Tanzania decisions
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A decree dismissing a suit does not confer any enforceable right and is not executable; therefore, an application for stay of execution based on such a decree is misconceived and must be struck out.
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Absence of a specifically framed issue and evidence regarding identity and fraud means the appellant and 1st respondent are not the same person; appellant was not served with requisite notices prior to sale; sale is void.
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Jurisdictional issues regarding dispute settlement between cooperative society and its members must be determined first, and such disputes should be settled through negotiation or reconciliation as per regulations.
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Applicant established a prima facie case and triable issues regarding legality of mortgage over matrimonial property. Balance of convenience and irreparable loss favor applicant, who stands to suffer greater hardship if injunction is not granted. Respondents are restrained from disposing of the suit properties pending determination of the main suit.
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The appellant failed to prove that the property was not lawfully mortgaged to the 2nd respondent or that the 1st respondent had good title to pass to the appellant. The mortgage and subsequent auction by the 2nd respondent were lawful as the mortgage predated the appellant's purchase, and the appellant did not provide sufficient documentary evidence to support his claims.
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The High Court dismissed an appeal over mortgage and auction of a house claimed as matrimonial property, holding marriage was not proven and spouse consent was not required.
The High Court’s Land Division granted an ex parte interim order stopping the respondents from auctioning the applicants’ property pending inter partes hearing.
The High Court’s Land Division granted an ex parte interim order stopping auction of the applicants’ property pending an inter partes hearing.
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