19860227 TZHC Dar es Salaam
Cases filed before the operation of the Rent Restriction Act 1984, including the present case, should be disposed of by the Resident Magistrate's Court.
Source-derived case information.
- Citation
- 19860227 TZHC Dar es Salaam
- Parties
- Applicant: AFSAK H. SHARIFF; Respondent: Registrar of Buildings
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 27 February 1986
- Procedural Posture
- Miscellaneous Civil Cause / Ruling
- Outcome
- Ordered that the case be disposed of by the Resident Magistrate's Court.
- Legal Topics
- Jurisdiction, Transfer of Cases, Rent Restriction Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
AFSAK H. SHARIFF
Applicant
Registrar of Buildings
Respondent
Procedural Posture
Miscellaneous Civil Cause / Ruling
Legal Issues
- 1 Whether the case should be transferred to the Regional Housing Tribunal under Section 21 of the Civil Procedure Code
- 2 Whether the Resident Magistrate's Court retains jurisdiction under Section 51 of the Rent Restriction Act 1984
Ratio Decidendi
Cases filed before the operation of the Rent Restriction Act 1984, including the present case, should be disposed of by the Resident Magistrate's Court.
Court Disposition
Ordered that the case be disposed of by the Resident Magistrate's Court.
Orders
- No order as to costs
Full Case Text
Judgment text and source record
1 paragraphs
IN TlIB HIGH COURT OF TANZANH AT DAR BS SALAAM L!ISCEIJ:, LNEOUS CIVIL CAUSE NO. 88 OF 1985 AFSAK H. SHARIFF ••.••••.•••••••• , ••••.•• APPLICANT versus IIBGISTR.m or BUILDIMGS •• O IO O •I• O O IO IO o •• RESPONDENT RULING MNZAVAS, J ,IC. This case, I agree could be transferred to tm Regional Housing Tribunal under Section 21 of the Civil Procedure Code but, as conceded by both parties it could continue in the Resident Magistrate 1s Court as shown in Section 51 of the I Rent R~striction ..\ct 1984. Bearing in mind that there are many such oases in the Resident Magistrate's Court which were filed before the oom::t.ng into operation of the Act, it is my view that all suoh cases including this one, should be disposed off by the llesident Magistrate's Court. It is so ordered. No order as to costs. DAR ES SJ.LMI.·~ 27th lrebruaq,, .1~86.