Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Tanzania decisions
Decisions matching the current search
Land appeal over mortgage consent and matrimonial property; the court upheld the mortgage but set aside the award of general damages against the appellant.
The High Court allowed an appeal over sale of a motor vehicle used as loan security, holding spouse consent was not required for the movable asset.
The appeal lacks merit as the procedural irregularities did not cause miscarriage of justice, the right to be heard was not denied to any party who appeared, and the Appellant failed to prove her claims regarding lack of consent. The trial tribunal's decision is upheld.
Source excerpt
High Court appeal in a debt dispute allowed the appellant’s claim after finding the wife’s spouse consent supported liability for the outstanding balance.
Application failed to satisfy the cumulative conditions for temporary injunction as required by law; facts supporting irreparable loss, triable issues, and balance of convenience were not stated in affidavit but only in submissions, which are not evidence.
Source excerpt
The High Court granted leave to appeal to the Court of Appeal, holding that the applicant’s proposed grounds raised arguable issues and were not to be decided on the merits at that stage.
Plaintiff failed to prove forgery of spouse consent and mortgage deed to the required legal standard; however, auction of the suit property was unlawful due to non-compliance with mandatory notice requirements under the Auctioneers Act. Fifth defendant was not a bona fide purchaser due to evidence of pre-auction arrangements and lack of good faith. Sale and transfer of title to fifth defendant are nullified; title to be restored to sixth defendant.
Source excerpt
The High Court held that the disputed Moshi property was matrimonial property and that its transfer to Martin & Sons Company Ltd without spouse consent was void.
The High Court of Tanzania held that the mortgage of matrimonial properties was a nullity for want of the plaintiff’s consent and granted an injunction.
The High Court held that a mortgage over a matrimonial home was void for lack of the wife’s consent and awarded costs to the plaintiff.
Explore more
