20120704 TZHC Dodoma

There was no agreement between the parties to increase the rent to Tshs. 350,000 per month; therefore, the order for payment of arrears at the increased rate was unjustified. The counterclaim for Tshs. 5,000,000 did not relate to the tenancy agreement and was properly dismissed. The appellant must vacate the premises as the lease had expired.

Citation: 20120704 TZHC Dodoma
Parties: Appellant: Ibrahimu B. Makwaru; Respondent: Abdallah Athman Khalfan
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 4 July 2012
Procedural Posture: Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome: Appeal partly allowed
Legal Topics: Landlord and Tenant, Lease Agreements, Rent Increase, Counterclaim, Eviction
Source Language: English

Land Law Tenancy Law Landlord and Tenant Lease Agreements Rent Increase Counterclaim Eviction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 4

Parties

Ibrahimu B. Makwaru

Appellant

Abdallah Athman Khalfan

Respondent

Procedural Posture

Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

1 Whether the increase of rent from Tshs. 100,000 to Tshs. 350,000 was agreed upon by the parties
2 Whether the counterclaim regarding Tshs. 5,000,000 loan relates to the landlord-tenant relationship
3 Whether the trial tribunal properly analyzed the evidence on record

Ratio Decidendi

Court Disposition

Appeal partly allowed

Orders

Order for payment of rent arrears at Tshs. 350,000 per month set aside
Order for appellant to vacate the suit premises (Plot No. 6, Block 12, 6th Street, Dodoma Municipality) upheld