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Tanzania decisions
Decisions matching the current search
All grounds raised by the applicant lack merit; the executing court acted within its powers, complied with legal requirements for execution and auction, and no credible evidence was provided to support the applicant's claims. The application for revision is dismissed.
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Applicant met all statutory conditions for stay of execution; timely filing, demonstrated risk of irreparable loss, firm undertaking to furnish security, and attached required documents. Security must be reasonable and court-directed, not arbitrary. Stay granted subject to deposit of bank guarantee for TZS 142,500,000 within sixty days.
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Statutory default notice was duly served to the deceased mortgagor; plaintiffs were aware of the notice and failed to communicate with the bank or act to repay the debt. Auction and sale complied with legal requirements. Bona fide purchaser protection applies. Plaintiffs failed to discharge burden of proof.
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Stay of execution granted pending appeal because requirements under Rule 11 were met except for security; applicant cannot pledge property not legally owned or third-party property without proper affidavit; commitment bond is appropriate security for non-monetary decree.
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The sale was set aside because the applicant, as judgment debtor, was not properly served with notice of sale as required by law, constituting a material irregularity that undermined her right to be heard and tainted the execution process.
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The appeal was incompetent due to failure to serve notice of appeal as required by Rule 84(1), and the High Court proceedings and judgment were nullified because of fatal irregularities including mis-joinder and non-joinder of necessary parties (Makambako SACCOS and Comrade Auction Mart), and uncertainty regarding the identity of the purchaser, violating the right to be heard under Article 13(6)(a) of the Constitution.
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The Court of Appeal dismissed a challenge to the auction sale of mortgaged property, holding that procedural errors in substitution caused no prejudice and that a new notice issue was not pleaded below.
The purchaser of the auctioned property is a necessary party because any decree would affect their rights; failure to join them is fatal, but the appropriate remedy is to order amendment of the plaint to join the purchaser.
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The High Court Land Division granted an injunction restraining eviction from the suit house pending the hearing of Land Case No. 228 of 2023.
The High Court upheld a mortgage sale by auction, finding proper notice, lawful publicity, and no proved fraud or collusion. The plaintiff’s suit and damages claims were dismissed.
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