RUHINDA JUDGMENT
The High Court allowed CRDB Bank’s appeal, finding the first respondent was not proved to live in the mortgaged house and the bank was not negligent.
- Matrimonial home
- Spousal consent
- Mortgage
- Collateral
- Negligence
- Matrimonial-home
Tanzania Source-linked decisions Coverage checked
Tanzania Case Law
Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
- Courts on this page
- 3 court collections
- Last checked
Search and filter Tanzania case law
Results update automatically as you type.
Tanzania decisions
Decisions matching the current search
janet julius kibona vs mengi obeni mwakisole 2022 tzhclandd 12473 26 october 2022
The High Court dismissed a land appeal over the legality of a mortgage, holding that the tribunal did not decide matrimonial status and that the appellant proved no marriage.
- Mortgage validity
- Matrimonial home
- Spousal consent
- Jurisdiction of tribunal
- Mortgage-validity
- Spousal-consent
magreth elias mathias vs jacob chacha range and 5 others 2021 tzhc 2039 29 january 2021
The house attached, sold, and subject to eviction was occupied by the judgment debtor, his wife, and children, making it non-attachable under Tanzanian law; all execution processes regarding the house were illegal.
Source excerpt
- Attachment of property
- Matrimonial home
- Execution of decrees
- Eviction
- Sale of immovable property
national bank of commerce ltd vs nurbano abdallah mulla 2020 tzca 238 8 april 2020
The Court of Appeal held that the house was a matrimonial home and that the bank needed spousal consent for the later overdraft facility.
- Matrimonial property
- Matrimonial home
- Mortgage consent
- Overdraft facility
- Nullity of sale
- Spousal rights
20190725 TZHC Dar es Salaam
The High Court upheld the trial court’s division of matrimonial property, finding the Kondoa house was acquired before marriage and no basis to disturb the distribution.
- Division of matrimonial property
- Contribution to matrimonial assets
- Appeal against property division
- Matrimonial home
- Maintenance
- Family-law
20181205 TZHC Mwanza
Eviction of the appellant from the matrimonial home by the legal representative of the deceased wife is unlawful under section 59(3) of the Law of Marriage Act; the appellant's right to remain in the matrimonial home arises from the subsisting marriage and cannot be overridden by the estate representative.
Source excerpt
- Matrimonial home
- Eviction
- Legal representation
- Ownership of matrimonial property
ward hassani vs national bank of commerce another 2018 tzhclandd 1 22 june 2018
The High Court held that the plaintiff failed to prove the mortgaged properties were matrimonial homes requiring her consent, and dismissed the suit with costs.
- Mortgage of matrimonial property
- Spousal consent
- Burden of proof
- Matrimonial home
- Disposition of property
- Mortgage-of-matrimonial-property
Access Bank and Elizabeth Minza Judgment
The mortgage of the matrimonial home and properties was invalid due to lack of spousal consent, and the DLHT was correct in refusing to admit the spousal consent document as secondary evidence since no proper foundation was laid. The law places the burden on the lender to ensure spousal consent is obtained, and the first respondent's interest in the properties is protected by statute regardless of caveat registration.
Source excerpt
- Matrimonial property
- Spousal consent
- Mortgage validity
- Admissibility of evidence
- Matrimonial home
- Ownership rights
20070622 TZHC Dar es Salaam
The High Court struck out an execution objection as premature because the property had not yet been actually attached.
- Attachment of property
- Objection to attachment
- Matrimonial home
- Prematurity of objection
- Civil-procedure
- Execution-of-judgments
magreth mukama vs bruno mukama 2005 tzhc 150 25 august 2005
The High Court upheld a maintenance order but refused revision on residence in the matrimonial home, holding that landlord-tenant matters lay outside the trial court’s jurisdiction.
- Maintenance
- Matrimonial home
- Jurisdiction
- Family-law
- Matrimonial-home
- Landlord-tenant
Explore more