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Tanzania decisions
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The appellants failed to prove the restraining order was served before the auction; loan repayment did not follow contractual schedule, constituting default; auction procedures and notice requirements were complied with; omission of counterclaim did not prejudice appellants; evidence was properly evaluated; and bona fide purchaser rights are protected.
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The High Court held the plaintiff’s property was mortgaged to secure a loan to the second defendant, but the auction process was unlawful for failure to serve mandatory notices.
The High Court of Tanzania (Land Division) held that Eco Bank breached an implied repayment arrangement after receiving TZS 150 million, but denied recovery of the land.
The High Court allowed a land appeal, set aside a tribunal judgment, and held the respondent had not proved effective possession for a trespass claim.
Land appeal over auctioned house: sale and eviction upheld as unlawful for lack of 14-day notice, but the TZS 30 million general damages award was set aside.
The High Court sustained a preliminary objection and rejected a plaint for failing to disclose a cause of action in a land dispute over sale of secured properties.
The Plaintiff is the lawful owner of the suit premises as evidenced by the Certificate of Occupancy. The mortgage and subsequent sale were void ab initio due to lack of consent, forged signatures, and failure to comply with statutory notice requirements. The 5th Defendant is not a bonafide purchaser for value without notice. The 1st and 4th Defendants must return the certificate of title to the Plaintiff and refund the 5th Defendant the auction purchase price.
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The High Court held that the plaintiff’s vehicle was illegally impounded and sold without lawful proof of road-reserve parking, awarding damages and interest.
The High Court allowed a land appeal over sale of mortgaged property, finding the auction undervalued the house and breached the duty to obtain the best price.
The High Court held that the mortgage and sale of the suit property were unlawful, ordered return of the title deed, and denied damages.
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