cassian calist joseph vs pendo sisty chuwa 3 others 2022 tzhclandd 459 14 june 2022
The sale of the suit property to the plaintiff was void ab initio as the defendant had no title to pass due to existing mortgages in favor of the 3rd and 4th interested parties. Both mortgages, though unregistered, were valid informal mortgages, with the 4th interested party's mortgage ranking first. The public auction conducted by the 2nd and 3rd interested parties was unlawful due to failure to comply with statutory notice requirements. No party is entitled to ownership; the plaintiff is not the lawful owner and may only seek refund per the sale agreement. The suit is dismissed with each pa…
Source excerpt
- Mortgage
- Ownership
- Public auction
- Sale of land
- Priority of mortgages
- Unregistered mortgages