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Land law Scanned 93 2022

Scanned 93 2022

Court
TANZLII

Plaintiff defaulted on loan repayment, triggering mortgagee's power of sale. Auction was irregular but not unlawful; remedy is damages, not nullification. Transfer of title to 6th defendant was legal; 6th defendant is bonafide purchaser protected by law. Plaintiff cannot challenge sale after transfer; only remedy is damages. 6th defendant entitled to eviction but not damages for lost rent.

Source excerpt

  • Mortgage default
  • Power of sale
  • Auction procedure
  • Transfer of title
  • Bonafide purchaser
  • Damages
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Land law marima christopher vs equity bank tanzania limted and another 2021 tzhclandd 579 25 june 2021

marima christopher vs equity bank tanzania limted and another 2021 tzhclandd 579 25 june 2021

Court
TANZLII

The High Court held that a defaulting borrower breached the loan agreement, notice had to be served on the mortgagor, and the bank could lawfully exercise power of sale.

  • Mortgage of matrimonial home
  • Loan default
  • Statutory notice requirements
  • Power of sale
  • Spousal consent
  • Mortgage-of-matrimonial-home
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Land law ibrahim twahili kusundwa and another vs crdb bank limited alias crdb bank plc and 3 others 2020 tzhclandd 2273 31 august 2020

ibrahim twahili kusundwa and another vs crdb bank limited alias crdb bank plc and 3 others 2020 tzhclandd 2273 31 august 2020

Court
TANZLII

The 1st plaintiff defaulted on the deed of settlement by failing to pay the agreed annual installments. The mortgagee's power of sale was not extinguished by the deed of settlement or court order. Proper statutory notice was served to the 1st plaintiff, and the auction was lawfully conducted. The 3rd and 4th defendants are bonafide purchasers for value and entitled to mesne profits from the date of purchase. The plaintiffs' continued occupation after the sale was wrongful.

Source excerpt

  • Mortgage
  • Power of sale
  • Auction procedure
  • Mesne profits
  • Default notice
  • Bonafide purchaser
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Land law plotea august tarimo vs assistsnt registrar of titles moshi 2020 tzhc 2248 31 august 2020

plotea august tarimo vs assistsnt registrar of titles moshi 2020 tzhc 2248 31 august 2020

Court
TZHC

The High Court allowed a land appeal and set aside the Registrar’s suspension of transfer registration, directing registration of the transfer under power of sale.

  • Registration of transfer
  • Caveat
  • Power of sale
  • Discretionary powers of registrar
  • Land-registration
  • Power-of-sale
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Banking law buco investment holdings ltd vs crdb babk plc another 2019 tzhccomd 18 20 february 2019

buco investment holdings ltd vs crdb babk plc another 2019 tzhccomd 18 20 february 2019

Court
TZHCCOMD

The High Court held the bank failed to prove statutory notice before appointing a receiver and selling mortgaged property, but protected the buyer as a bona fide purchaser.

  • Mortgage enforcement
  • Receiver appointment
  • Power of sale
  • Bonafide purchaser
  • Statutory notice
  • Damages
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Property law national bank of commerce vs walter t czurn 1997 tzca 47 12 december 1997

national bank of commerce vs walter t czurn 1997 tzca 47 12 december 1997

Court
TZCA

The appellant bank had no right to sell the mortgaged property as no lawful demand or notice was served on the respondent as required by the mortgage deed and law; the sale was conducted secretly and in collusion, and the transfer ignored a subsisting caveat, rendering the sale and subsequent transfers null and void.

Source excerpt

  • Mortgage enforcement
  • Power of sale
  • Notice requirements
  • Fraudulent sale
  • Caveat and land registration
  • Damages for unlawful sale
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Property law national bank of commercve vs walter t cruzn 1997 tzca 94 12 december 1997

national bank of commercve vs walter t cruzn 1997 tzca 94 12 december 1997

Court
TZCA

The appellant bank did not lawfully exercise its power of sale because no proper notice of demand was served on the respondent as required by the mortgage deed and statute; the sale was conducted without transparency and in collusion, and the purchasers were not bona fide; therefore, the sale and subsequent transfers were unlawful and void.

Source excerpt

  • Mortgage enforcement
  • Power of sale
  • Notice requirements
  • Fraudulent sale
  • Caveat
  • Damages
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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.