Tanzania Case Law

othman ramadhani simba vs national bank of commerce limited and others 2021 tzhclandd 352 23 july 2021

Court

TANZLII

The High Court set aside a land tribunal decision for nonjoinder of the borrower, holding that the borrower was a necessary party and had been denied a hearing.

• Nonjoinder of necessary party
• Mortgage enforcement
• Guarantor liability
• Right to be heard
• Nonjoinder-of-parties
• Mortgage-enforcement

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mwanahamisi habibu 7 others vs justin ndunge justine lyatuuadministratrix of the estate of the late justine aitalia lyatuu 173 others 2021 tzhclandd 6848 13 december 2

Court

TANZLII

The suit land was not sufficiently described in the amended plaint, violating Order VII Rule 3 of the Civil Procedure Code Cap 33 R.E 2019; this defect is fatal and renders the suit incompetent.

Source excerpt

• Description of immovable property
• Nonjoinder of necessary party
• Suing non-existing party

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