Effectiveness of civil procedure code in regulating mortgage suits

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University of Dar es Salaam
This study deals with effectiveness of Civil Procedure Code, 1966 on resolving mortgage suits. The main purpose of this study is to analyse critically applicability of various provisions of the Civil Procedure Code, 1966 in resolving mortgage disputes. Through the said analysis this study will be able to unveil weaknesses and strength of the Civil Procedure Code, 1966. Similarly interpretation of the law and its application by the courts will be discussed in detail with a view to consider if the court fulfills the intended objective of the Civil Procedure Code, 1966. In order to make a proper analysis on the effectiveness of Civil Procedure Code on resolving mortgage disputes in courts, one hypothesis has been investigated in this study. That is, whether the Civil Procedure Code, 1966 ensures that expedition in the trial and disposal of mortgage suits. Mortgage of land play an important role in the economic growth of a country. It is through mortgages various micro and macro businesses access working capital by way of loans. Mortgage dispute resolution mechanisms must support the economic growth by resolving disputes timely and in a manner that will uphold justice to all parties. This study finds that courts vested with jurisdiction to resolve mortgage disputes have interpreted the Civil Procedure Code, 1966 with an approach that a mortgagor is a weaker party and deserves lenience. It is argued that there is need to amend all necessary provisions in the Civil Procedure Code, 1966, in order to limit the discretion of court when granting either temporary or permanent orders in favour of mortgagors. It is a major conclusion of this study that short comings in the Civil Procedure Code, 1966 need to be removed to ensure that interest of both mortgagor and mortgagee are protected. Hence justice will manifestly and undoubtedly be seen to be done not only to the parties involved in the dispute but to all mortgage stake holders and the public in general.
Available in print form, East Africana Collection, Dr. Wilbert Chagula Library, Class mark (THS EAF KRD.M831)
Civil procedure, Mortgage
Mugila, C. (2015) Effectiveness of civil procedure code in regulating mortgage suits, Master dissertation, University of Dar es Salaam, Dar es Salaam