Tanzania Case Law

the registered trustees of masjid al azhal v assistant registrar of titles and another 2024 tzhc 769 12 march 2024

Court

TZHC

The notice issued by the Assistant Registrar of Titles was appealable under section 102(1) of the Land Registration Act, and the appeal was properly filed. The ninety days’ statutory notice to the Attorney General is not required for such appeals, and the Attorney General was wrongly joined as a party. Maintenance of status quo was warranted due to the risk of irreparable loss to the appellant.

Source excerpt

• Rectification of land register
• Appeal procedure
• Joinder of parties
• Statutory notice requirements
• Maintenance of status quo

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access bank tanzania ltd vs mkandala gabriel mkandala and barikiel peter agness 2023 tzhc 16763 31 march 2023

Court

TZHC

The High Court partly allowed an appeal over sale of mortgaged land, rejecting the claimed TSh 100 million value and awarding TSh 18 million with costs.

• Mortgage enforcement
• Valuation of mortgaged property
• Statutory notice requirements
• Compensation for unlawful sale
• Mortgage-enforcement
• Statutory-notice

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richard joseph kariuki vs kongo david okelo 2 others 2022 tzhc 14034 24 october 2022

Court

TZHC

The High Court allowed a land appeal, held that mandatory statutory notices were not proved, and nullified the sale of mortgaged property.

• Mortgage enforcement
• Public auction procedures
• Statutory notice requirements
• Sale of mortgaged property
• Mortgage-enforcement
• Public-auction-procedure

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Court

TANZLII

The statutory notices of default served by the First Defendant were void for failure to indicate the date of receipt by the Plaintiffs as required by law, rendering the subsequent auction and sale of the mortgaged property unlawful. Plaintiffs failed to prove forgery or entitlement to damages, and the claim for monetary compensation was dismissed for lack of evidence.

Source excerpt

• Mortgage enforcement
• Statutory notice requirements
• Auction of mortgaged property
• Administrator's rights
• Burden of proof in forgery allegations

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national microfinance bank plc vs neema samwel lyatuu and 2 others 2021 tzhclandd 840 3 november 2021

Court

TANZLII

The public auction was unlawful due to failure to comply with mandatory statutory notice requirements; the trial tribunal was correct in declaring the auction null and void and restraining eviction, but erred in awarding general damages to the 2nd and 3rd respondents without evidence of suffering.

Source excerpt

• Public auction procedure
• Statutory notice requirements
• Mortgage enforcement
• Bonafide purchaser protection
• Award of general damages

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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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ardhi plan ltd vs town planners registration board 2020 tzhc 352 16 march 2020

Court

TZHC

The High Court allowed an appeal against a town planners board suspension decision, holding that mandatory notice requirements and the right to be heard were not observed.

• Natural justice
• Statutory notice requirements
• Disciplinary proceedings
• Right to be heard
• Natural-justice
• Right-to-be-heard

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t sugar producer association vs the ministry of finance of the united republic of t another 2003 tzhccomd 26 2 september 2003

Court

TZHCCOMD

The High Court held that it could entertain a pre-suit temporary injunction and that government respondents were not immune from such relief in the proper case.

• Temporary injunctions
• Government proceedings
• Inherent powers of court
• Statutory notice requirements
• Temporary-injunctions
• Government-proceedings

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t sugar producer association vs the ministry of finance of the united republic of t another 2003 tzhccomd 37 2 august 2003

Court

TZHCCOMD

The court has inherent powers to grant temporary injunctions even where there is no pending main suit, particularly to prevent irreparable harm or abuse of process, and this power extends to cases involving the government. The preliminary objections are dismissed.

Source excerpt

• Temporary injunctions
• Government proceedings
• Inherent powers of the court
• Statutory notice requirements

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ELEN

Court

TANZLII

The intended sale of the suit property was unlawful and ineffectual because the defendants failed to properly serve the plaintiff with the required 60 days' statutory notice of default for all loan facilities and did not issue a valid 14 days' notice of auction as mandated by law. The notices served were either insufficient, not proven to be delivered, or defective in content and form, thus invalidating the auction process.

Source excerpt

• Mortgage enforcement
• Statutory notice requirements
• Auction procedure
• Loan default
• Service of legal notices

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