EXIM BANK V. SALES POINT COMPANY AND OTHERS, HIGH COURT, COMMERCIAL DIVISION, DAR ES SALAAM (2004).

Sh 10,000.00

Suit to enforce mortgage – enforcement of a mortgage – suit against guarantors of mortgage – person interested in a mortgages security – Order XXXII, Rule 1 of the Civil Procedure Code.

 

  • Suit to enforce mortgage terms – mortgagee sued the guarantors only leaving out the mortgagor – suit defective.

 

  • Suit to enforce mortgage terms – a person who has interest in the mortgage security should be joined to the suit which relates to that mortgages – Order XXXII, Rule 1 of the Civil Procedure Code. If the lender does not sue the mortgagor, he cannot seek court’s assistance to enforce mortgage terms.
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Suit to enforce mortgage – enforcement of a mortgage – suit against guarantors of mortgage – person interested in a mortgaged security – Order XXXII, Rule 1 of the Civil Procedure Code.

 

  • Suit to enforce mortgage terms – mortgagee sued the guarantors only leaving out the mortgagor – suit defective.

 

  • Suit to enforce mortgage terms – a person who has interest in the mortgage security should be joined to the suit which relates to that mortgage – Order XXXII, Rule 1 of the Civil Procedure Code. If the lender does not sue the mortgagor, he cannot seek court’s assistance to enforce mortgage terms.

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