Trader sues Equity Bank, auctioneer for 50m/- over trespass

A businessman, Elly Monyo, has filed a land suit at the Kinondoni District Land and Housing Tribunal against Equity Bank, Yono Auction Mart and two others, demanding 50m/- in damages for alleged illegal trespass and unauthorised sale of a piece of land.

The other respondents in the suit filed on January 21, this year, are Ms Aichi Mtei and Ms Agness Mwenda. In addition to the suit, the businesswoman has also lodged an application seeking orders for an interim injunction.

Ms Monyo, the applicant, wants the respondents restrained from using, evicting, disposing of or entering the said land located at Mbezi Juu within Kinondoni District, pending determination of the suit.

The application is supported by an affidavit sworn by applicants claiming that she has been the owner of the parcel of land in dispute since 1988.

According to her affidavit, she brought the said land from one Willian Lyamuya at the purchase price of 20,000/- and for the whole period she never processed a certificate of title but had retained the sale agreement.

However, on May 27, 2004 together with her husband, wrote a letter through their local government office at Mbezi Juu requesting the land office in Kinondoni District to survey the said land for the purpose of getting a letter of offer or a certificate of occupancy.

The applicant alleged that the first respondent (Mrs Mtei) is the wife of the deceased Frank Mtei, who allegedly trespassed on the land alleging to be the owner and who had leased it to the second respondent, Agness Mwenda.

The applicant alleged that while the dispute between her and the intruder not yet solved, the wife Mrs Mtei leased the property to the second respondent.

She alleged that for all the time the second respondent stayed in the disputed area as a tenant but later on, without any right, pretended to be the owner of the said property and went to Equity Bank Tanzania Limited and allegedly mortgaged it for a loan.

She further stated that without conducting any due diligence or search on genuineness of the documents submitted to them, the bank granted the applied for loan.
Source: Daily News, reported from Dar es Salaam, Tanzania
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