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Tanzania decisions
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Land appeal dismissed: the appellant failed to prove ownership, and the court upheld the sale of the land in execution of a decree against the husband.
The appellant was only a guarantor, not the borrower; the DLHT misdirected itself by considering only respondents' evidence and failing to properly evaluate the evidence; the sale of the Disputed Property was inappropriate as the first respondent was the borrower and her property should have been sold first.
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The High Court dismissed a criminal appeal over alleged malicious damage to property, holding that the respondent acted under a court-ordered auction and eviction, not unlawfully.
The Court of Appeal upheld a mortgage sale to auction purchasers, held the settlement did not extinguish the bank’s power of sale, and confirmed mesne profits.
The applicant failed to establish two of the three mandatory conditions for grant of temporary injunction, namely irreparable injury and balance of convenience, as the alleged losses are compensable by damages. All three conditions must be met cumulatively for the application to succeed.
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The Court lacks mandate to stay a public auction not emanating from a court decree or order; application is incompetent for non-compliance with rule 11(7)(d) of the Court of Appeal Rules, 2009.
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The plaintiff, not being the registered owner or having any legal interest in the mortgaged properties, lacks locus standi to sue regarding those properties; only the registered owners or those with legal interest can bring such a claim.
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The applicant satisfied the conditions for stay of execution by timely filing, demonstrating substantial loss regarding the first suit property, and offering sufficient security through a commitment bond pledging her shares and maintaining the property condition.
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The applicants cumulatively satisfied the three prerequisite conditions for stay of execution: the application was filed within time, substantial loss was demonstrated, and a sufficient undertaking to provide security was made. Affidavit defects were cured by expunging the offending paragraphs, leaving sufficient material for determination. The stay is granted conditional upon execution of a bond to maintain the status quo within thirty days.
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The applicant failed to demonstrate any enforceable legal interest or necessity for joinder in the pending application. The applicant is neither a decree holder, entitled to share in the asset, nor a person whose interest is affected by the sale. The court can effectively determine the pending application without the applicant's presence.
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