By a Mortgage Deed executed between the Appellant and the
husband of the Respondent, a loan facility of Tshs. 5,150,000/= was advanced to
the mortgagor. It happened that the borrower failed to repay the loan in time
as per the Mortgage Deed. The Appellant, acting under recourse provided for under
the Mortgage Deed, embarked upon steps to have the security auctioned by way of
public auction with a view to recovering the outstanding amount of the loan.
Feeling that the Appellant course was wrongful and unlawful, the Respondent
filed a suit in the District Court of Iringa on 29th November, 2001
praying for, inter alia, a declaration that the intended sale was
unlawful and that the Respondent enjoyed indefeasible rights over the suit
house. The Respondent won the case. The decision of the District Court
aggrieved the Appellant, hence this appeal.