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High Court of Tanzania

This is the second level in the Judiciary justice delivery hierarchy. It has both appellate and original powers on civil and criminal matters. It also hears appeals from the Courts of Resident Magistrate, the District Courts, and the District Land and Housing Tribunals in exercise of their original, appellate and/or revisional jurisdiction. The High Court is divided into Zones and specialized Divisions.

Physical address

24 Kivukoni Road, P O Box: S.L.P. 9004

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https://jmap.judiciary.go.tz/jmap/jmap-hc

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1 judgment

Citation	Judgment date
December 1999
Joseph Mbwilo vs N.B.C and Others (Civil Appeal No. 23 of 1998) [1999] TZHC 66 (8 December 1999) Sale of mortgaged property without compliance with Order 32 procedures is void; mortgagee must follow Order 32. Mortgage law – Foreclosure and sale – Requirement to follow Order 32 (Civil Procedure Code) including preliminary and final decrees and six‑month redemption period; failure to comply renders sale void. Civil procedure – Jurisdictional/procedural compliance – absence of foreclosure/application under Order 32 makes proceedings a nullity. Costs – innocent bystanders not liable; mortgagee bears appeal costs.	8 December 1999

Citation

Judgment date

December 1999

Joseph Mbwilo vs N.B.C and Others (Civil Appeal No. 23 of 1998) [1999] TZHC 66 (8 December 1999)

Sale of mortgaged property without compliance with Order 32 procedures is void; mortgagee must follow Order 32.

Mortgage law – Foreclosure and sale – Requirement to follow Order 32 (Civil Procedure Code) including preliminary and final decrees and six‑month redemption period; failure to comply renders sale void. Civil procedure – Jurisdictional/procedural compliance – absence of foreclosure/application under Order 32 makes proceedings a nullity. Costs – innocent bystanders not liable; mortgagee bears appeal costs.

8 December 1999