The auctioneer who was the agent of the 2nd Appellant conducted a public auction of a house located in Gangilonga Area within the Municipality of Iringa. The said house belonged to one Thomas Kolimba who defaulted to pay the loan acquired from the 2nd Appellant. The Respondent who did bid at a sum of Tshs. 2,600,000/=, was declared a successful bidder. He paid the said sum to the auctioneer and demanded to be given the respective Certificate of Title. However, he was informed that, the suit premises had fetched a low price and the auctioneer was directed by 2nd Appellant not to hand over the suit premises to the Respondent.
Subsequently, the house was re-auctioned and re-sold to the 1st Appellant. The Respondent was not happy he instituted a claim in the Tribunal which was decided in his favour as he was declared a successful bidder of the suit premises. Dissatisfied, the Appellants unsuccessfully appealed to the High Court where, initially the appeal was dismissed because it was time barred. Upon the Appellants seeking extension of time to have the appeal re-filed, the appeal was struck out. Aggrieved, the Appellants lodged the present appeal.