This appeal arises from the decision of the High Court of Tanzania at Mwanza. The late Gratian Ndyamukama (the deceased) entered into mortgage agreement with the first Respondent to secure a loan of TZS 30,000,000.00 in favour of M/S Oil Products Limited. Following long controversy regarding the mortgaged property the matter was finally instituted in the High Court.
The learned High Court Judge, after considering only the first framed issue, found that the Appellant had failed to establish his claims. The Judge was satisfied that, according to the tendered evidence, the sale of the suit property and all transactions were valid and she thus declared the second Respondent the lawful owner of the suit property and proceeded to award him general damages at the tune of TZS 10,000,000.00 for loss of use of the suit property.
Aggrieved by that decision, the Appellant lodged this appeal.