Isaka Kabuje | Mzumbe University (Main Campus) (original) (raw)

Papers by Isaka Kabuje

Pre trial discoveries, 2024

Is the stage in civil actions where parties do exchange information of the evidence that presente... more Is the stage in civil actions where parties do exchange information of the evidence that presented in Court.

Amendment in Law school of Tanzania. Laws

Advocacy skills for practising advocates

Case law, 2024

A right of occupancy of land in Tanzania was granted to a Mr. Coulter by virtue of the Land Ordin... more A right of occupancy of land in Tanzania was granted to a Mr. Coulter by virtue of the Land Ordinance (Cap. 113) (T) and in 1955 Mr. Coulter mortgaged his right to secure two loans from the Land Bank of Tanganyika. In 1964, the right of occupancy was revoked and an amount of Shs. 123,940/- became payable as compensation for unexhausted improvements on the land in terms of s. 14 (b), Land Ordinance. The respondents are the successors in title to the Land Bank of Tanganyika and are entitled to the benefit of the mortgage.Mr. Coulter made default in his payment of the mortgage debt and after the right of occupancy had been revoked, the respondent brought an action to recover the balance due and judgment was entered in its favour for the amount of compensation payable for unexhausted improvements. The four appellants are commercial companies who also obtained judgments against Mr. Coulter and the point at issue was to determine the rights of the creditors to this amount of compensation and whether the respondent had preferential rights by reason of its mortgage. The application was originally filed ex parte under O. 21, r. 1, but was afterwards served on the other parties..

Holdings.
(i) (by the Court) the procedural irregularity was formal, caused no prejudice, and the judge was correct to ignore it;
(ii) (by the Court) the equitable doctrine of tracing assets does not apply in such circumstances;
(iii) (by Sir Charles Newbold, P., and Law, J. A.; Duffus, V.-P. not deciding) the charge created by the mortgage did not attach to the compensation into which the right of occupancy had been converted;
(iv) (by Sir Charles Newbold, P. and Law, J.A.; Duffus, V.-P., dissenting) the mortgagee was not in the position of the occupier, and was therefore not entitled to receive the compensation. Observations on the application of English equitable principles in Tanganyika. Appeal allowed. Cross appeal dismissed.