Tanzania Case Law

onaukiro anandumi ulimi vs standard oil comoany limited 3 others 2023 tzca 18010 19 december 2023

Court

TZCA

The appellant was not duly served with a notice of default as required by the mortgage deed and section 127(1) of the Land Act; however, the 4th respondent, having acquired registered title as a bonafide purchaser for value, is protected under section 135 of the Land Act, and the sale cannot be set aside in absence of fraud or misrepresentation.

Source excerpt

• Mortgage enforcement
• Notice requirements
• Bonafide purchaser protection
• Counterclaim procedure
• Default judgment
• Variation of contract

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eric auction mart court broker vs african terminals limited 2023 tzhc 23552 29 november 2023

Court

TZHC

The respondent, as a bonafide purchaser and not a party to the original decree or execution proceedings, cannot be made liable for the applicant's bill of costs; the proper parties for such liability are the judgment debtor or, in certain circumstances, the decree holder.

Source excerpt

• Bill of costs
• Proper party to pay costs
• Bonafide purchaser protection

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rogati k katende vs crdb bank plc and two others 2023 tzhc 22663 17 november 2023

Court

TZHC

The High Court upheld a mortgage sale by public auction, rejected objections over the auction process and evidence, and dismissed the appeal.

• Mortgage enforcement
• Public auction procedures
• Admissibility of evidence
• Right of occupancy
• Bonafide purchaser protection
• Mortgage-enforcement

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hekima enterprises company limited another vs crdb bank plc 2 others 2023 tzhclandd 16970 28 april 2023

Court

TANZLII

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

• Mortgage enforcement
• Public auction procedures
• Bonafide purchaser protection
• Loan default remedies

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thomas musiba manda vs nmb bank plc and three others 2022 tzhc 13976 17 october 2022

Court

TZHC

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.

• Mortgage enforcement
• Auction procedure
• Notice requirements
• Valuation of property
• Bonafide purchaser protection
• Mortgage-enforcement

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deogratias henry rutabanwa vs mwanga hakika microfinance bank limited formerly known as efc microfinance bank limited 5 others 2022 tzhclandd 12304 30 september 2022

Court

TANZLII

All preliminary objections require evidence to be established and are not pure points of law; therefore, they are overruled.

Source excerpt

• Pecuniary jurisdiction
• Preliminary objections
• Limitation period
• Bonafide purchaser protection
• Jurisdiction against government entities

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jm hauliers limited vs access microfinance bank tanzania limited 2022 tzca 522 26 august 2022

Court

TZCA

Default notice was properly served and rejected; respondent lawfully exercised mortgagee's power of sale; auction complied with statutory requirements; appellant failed to prove irregularities or undervaluation; bonafide purchaser's rights protected.

Source excerpt

• Mortgage enforcement
• Auction sale
• Service of notice
• Bonafide purchaser protection
• Valuation of collateral

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judith athuman shani vs national microfinance bank plc 2 others 2021 tzhclandd 6820 14 december 2021

Court

TANZLII

The auction and sale of the mortgaged house were illegal and null and void due to failure to issue the mandatory 14-day public notice as required by Section 12(2) of the Auctioneers Act; thus, the appellant retains better title and the 2nd respondent is entitled to recover the purchase price from the 1st respondent.

Source excerpt

• Mortgage enforcement
• Auction procedure
• Notice requirements
• Bonafide purchaser protection

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national microfinance bank plc vs neema samwel lyatuu and 2 others 2021 tzhclandd 840 3 november 2021

Court

TANZLII

The public auction was unlawful due to failure to comply with mandatory statutory notice requirements; the trial tribunal was correct in declaring the auction null and void and restraining eviction, but erred in awarding general damages to the 2nd and 3rd respondents without evidence of suffering.

Source excerpt

• Public auction procedure
• Statutory notice requirements
• Mortgage enforcement
• Bonafide purchaser protection
• Award of general damages

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registered trustees of inland church tanzania vs crdb bank plc others 2019 tzhccomd 134 5 april 2019

Court

TZHCCOMD

The High Court held that the mortgage sale was unlawful because mandatory 60-day and 14-day notices were not complied with, and the plaintiff retained title.

• Mortgage enforcement
• Auction procedure
• Notice requirements
• Bonafide purchaser protection
• Mortgage-enforcement
• Auction-procedure

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