Kilimanjaro Truck Company Limited versus TATA Africa Holdings Tanzania Ltd; MISC Commercial Application No 169 of 2015: High Court of Tanzania (Commercial Division) at Dar es Salaam (Unreported).
- Contract
- Bailment – bailment of goods as security – whether pawnee may sell property pledged without an intervention of the court.
Held:-
In the absence of a clause in the agreement empowering the pawnee to take possession and sell the property pledged, a pawnee cannot forceful take possession and sell the property pledged without intervention of the court. However, a pawnee in possession of the title and the property pledged can sell the property pledged without the intervention of the court.