EMMA KICHIKU KEA V. ANNA MUSA MUSSA MBAGA, HIGH COURT, COMMERCIAL DIVISION, DAR ES SALAAM (2004

Sh 14,500.00

Attachment and sale of a residential house- the house was voluntarily offered as security for a loan. 

 

  • Attachment and sale of residential houses – whereas residential houses are protected from attachment and sale, such a protection cannot be given to a party who has voluntarily offered a residential house as security for loan and defaults to repay the loan.

 

  • The court cannot protect the defaulting borrower from repaying the loan.
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Description

Attachment and sale of a residential house- the house was voluntarily offered as security for a loan. 

 

  • Attachment and sale of residential houses – whereas residential houses are protected from attachment and sale, such a protection cannot be given to a party who has voluntarily offered a residential house as security for loan and defaults to repay the loan.

 

  • The court cannot protect the defaulting borrower from repaying the loan.