Tanzania Case Law

ANNA CHACHA SAFII

Court

TANZLII

The appellant failed to specifically plead and prove forgery to the required higher standard. The evidence did not establish that the signature on the spouse consent was not hers, and the trial tribunal was correct to compare the signatures and find the contract valid. The burden of proof remained with the appellant and was not discharged.

Source excerpt

• Spousal consent for mortgage
• Burden of proof
• Forgery allegations
• Standard of proof in civil cases

Read case analysis

lyidya p julius swai vs the manager international commercial bank t ltd and others 2021 tzhclandd 714 28 may 2021

Court

TANZLII

The High Court dismissed an objection to sale of mortgaged land, holding the applicant failed to prove she was the spouse of the registered owner.

• Matrimonial property
• Spousal consent for mortgage
• Burden of proof
• Due diligence in mortgage transactions
• Matrimonial-property
• Spousal-consent

Read case analysis