The judgement has given a sign of relief for the banking sector on recovery issues upon loan defaults as it was held that since the mortgagee had taken all reasonable steps to inquire on the mortgagor’s marital status which he disclosed as not being married then Appellant (who claimed to be the wife of the mortgagee) could not be protected by section 59(1) of the Law of Marriage Act, CAP 29 that requires for the spousal consent before securing a mortgage.īreakthrough Attorneys Litigation experts who have represented many banks in the jurisdiction tells us that this has been the single most gruesome impediment to the recovery process over the banking and financial institutions to the extent of threatening banks’ existence. Honourable Justice Mziray, Honourable Justice Mwambegele and Honourable Justice Mwandambo presided over the case. Arerary (herein “Appellant”) vs Tanzania Postal Bank (herein “Respondent” or “TPB”), Civil Appeal No. On the 11 th of May 2020, the Court of Appeal of Tanzania delivered a judgement in the case of Hadija I. Reference of the principal of “bonafide purchaser of right”.Court declares that an affidavit and reasonable steps to verify the marital status of the mortgagor were sufficient to validate the mortgage, and hence enforceable.Wife claims to have not issued consent to the said mortgage.Spouses should be more vigilant before mortgaging their matrimonial properties to avoid the possibility of losing them in event where they default payments.Big relief to banking institutions in Tanzania regarding spousal consent when undertaking a mortgage for a matrimonial property.Note that these are outdated but much of the knowledge presented is still useful in the current version.( An exposé on the Hadija Arerary vs. POSTAL 2 coding tutorials on Moddb (An archive of tutorial that were originally on the Running With Scissors website.Unrealscript repository (The current Unrealscript files for POSTAL 2 on github.). Steam workshop discussion board for POSTAL 2 (When in doubt, ask around here.).Unreal Engine 2 resources on Epic Games site (Official resources for modders and developers for Unreal Engine 2).
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