Appellant jointly and together with other persons including
one Abdulrahim Mulla, the husband of the Respondent. The background to the
appeal is that in the year 2006 the Respondent consented to the mortgage of a
house on Plot No. 81 KBXVI, Raskazone area, within Tanga Municipality under
certificate of title No. 1034 for an overdraft facility of Tshs. 100,000,000/=
which was extended to Unicord Tanzania Limited by the Appellant. On 24/3/2009,
the Respondent received a notice of default demanding the payment of a sum of
Tshs. 501,490,205/03, a copy of which was served upon one Leila Abdulrahim
Mulla who is the first wife of Abdulrahim Mulla. The Respondent realized later
on that, without her knowledge and consent, her husband had extended another
overdraft facility to Unicord Tanzania Limited using the title deed of the suit
property as a collateral to the overdraft facility. As the debt was not paid,
subsequently the suit property was auctioned by the Comrade Auction Mart and
sold to Hemedi Mndeme who was the fourth defendant in the High Court, to
recover the money of the Appellant.
Being dissatisfied with the alleged sale, the Respondent
instituted a suit in the High Court vide Land Case No. 204 of 2015. In
that suit the defendants defaulted to lodge their written statement of defence
and for that reason the suit was heard and determined ex parte. The High
Court gave a verdict in favour of the Respondent upon which the sale of the
suit property was declared null and void. Being dissatisfied, the Appellant
lodged this appeal.