JM HAULIERS LIMITED VS. ACCESS MICROFINANCE BANK (TANZANIA) LIMITED. CIVIL APPEAL NO. 274 OF 2021

Abstract

Held; i.The appellant did not heed to the default notice, thus cannot be heard now to dispute the notice dully served upon him but he rejected it and wa admitted in evidence without objection. ii.Where a mortgagee is exercising its power o f sale under a mortgage deed, the court cannot interfere unless there was corruption or collusion with the purchaser in the sale o f the property iii. Valuation report is the basis of appreciation in value of a landed property. iv.No sale by auction o f land shall take place until after at least fourteen days public notice thereof has been given at the principal town.