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Land law Land Appeal No

Land Appeal No

Court
TANZLII

The Appellant failed to provide documentary proof of joint ownership or contribution to the acquisition of the disputed property. The mortgagee (3rd Respondent) fulfilled its statutory duty by relying on the spousal consent form provided by the 1st Respondent. Procedural irregularities regarding change of presiding officers did not result in a failure of justice or prejudice to the Appellant. The appeal lacked merit on all grounds.

Source excerpt

  • Matrimonial property
  • Mortgage of matrimonial property
  • Procedural fairness
  • Spousal consent
  • Burden of proof
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Land law tanzania commercial bank plc vs mrs shakila parves another 2023 tzca 17794 7 november 2023

tanzania commercial bank plc vs mrs shakila parves another 2023 tzca 17794 7 november 2023

Court
TZCA

The Court of Appeal upheld a property sale to a bona fide purchaser, but confirmed that the second mortgage over a matrimonial home was invalid for lack of spousal consent.

  • Mortgage of matrimonial property
  • Spousal consent
  • Bona fide purchaser
  • Remedies for invalid mortgage
  • Limitation of actions
  • Mortgage-of-matrimonial-home
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Land law salma hassan mwahimu vs innocent hezron mwaikambo another 2023 tzhclandd 55 28 february 2023

salma hassan mwahimu vs innocent hezron mwaikambo another 2023 tzhclandd 55 28 february 2023

Court
TANZLII

The Tribunal's failure to record and read out the opinion of the assessor, despite proceeding with one assessor, is a fatal procedural irregularity that vitiates the proceedings and renders the judgment and decree a nullity.

Source excerpt

  • Mortgage of matrimonial property
  • Role of assessors in tribunal
  • Procedural irregularity
  • Setting aside judgment
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Land law Judgment Niganile Kapologwe vs Mapinduzi Mapunda Others Land Appeal No

Judgment Niganile Kapologwe vs Mapinduzi Mapunda Others Land Appeal No

Court
TANZLII

The appellant's consent was not required for the mortgage as she was not the spouse living in the matrimonial home at the time of the mortgage; the legal spouse (second respondent) gave valid consent. The DLHT did not err in law or fact, and the absence of assessors did not invalidate the proceedings as parties were informed and did not object. Issues of contribution and division of matrimonial property are outside the jurisdiction of the DLHT and must be pursued in the appropriate matrimonial court.

Source excerpt

  • Mortgage of matrimonial property
  • Spousal consent
  • Contribution to property
  • Jurisdiction of land tribunals
  • Role of assessors
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Land law hailen ernest nkeya vs national microfinance bank plc 3 others 2022 tzhc 15196 15 december 2022

hailen ernest nkeya vs national microfinance bank plc 3 others 2022 tzhc 15196 15 december 2022

Court
TZHC

High Court land appeal over mortgage of matrimonial property, spousal consent, and auction sale dismissed; the tribunal’s decision was upheld.

  • Mortgage of matrimonial property
  • Spousal consent
  • Auction sale
  • Loan default
  • Summary procedure
  • Mortgage-of-matrimonial-property
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Land law access bank tz ltd vs harriet john haule 5 others 2022 tzhclandd 12350 3 october 2022

access bank tz ltd vs harriet john haule 5 others 2022 tzhclandd 12350 3 october 2022

Court
TANZLII

The High Court upheld a land tribunal decision finding a mortgaged house was subject to spousal-consent requirements and dismissing the bank’s appeal.

  • Mortgage of matrimonial property
  • Spousal consent
  • Burden of proof in mortgage transactions
  • Matrimonial home definition
  • Spousal-consent
  • Matrimonial-home
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Civil law husna joseph buyaga vs charles matoke mahind 2022 tzhc 12700 31 august 2022

husna joseph buyaga vs charles matoke mahind 2022 tzhc 12700 31 august 2022

Court
TZHC

The High Court granted leave to appeal to the Court of Appeal, holding that the applicant’s proposed grounds raised arguable issues and were not to be decided on the merits at that stage.

  • Leave to appeal
  • Mortgage of matrimonial property
  • Spouse consent
  • Joinder of parties
  • Execution of mortgage
  • Leave-to-appeal
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Land law LAND APPEAL NO

LAND APPEAL NO

Court
TANZLII

Appellant admitted the photograph, names, and signature on the consent form were hers. Allegations of forgery and misrepresentation were not specifically pleaded or strictly proved. No expert evidence or police report was provided. The mortgage was executed when appellant was present in Dar es Salaam. The appeal lacks merit and is dismissed.

Source excerpt

  • Mortgage of matrimonial property
  • Spousal consent
  • Forgery allegations
  • Loan default
  • Evidence evaluation
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Land law liliani steven kimaro vs ali mohamed ally 2021 tzhclandd 892 29 march 2021

liliani steven kimaro vs ali mohamed ally 2021 tzhclandd 892 29 march 2021

Court
TANZLII

The High Court upheld a lender’s claim over a defaulted loan secured by a matrimonial home, finding the loan, mortgage, spousal consent, and notice requirements satisfied.

  • Loan agreement
  • Mortgage of matrimonial property
  • Spousal consent
  • Default notice
  • Enforcement of security
  • Mortgage-of-matrimonial-property
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About this LexChat collection

Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.