19880226 TZCA Dar es Salaam5

19880226 TZCA Dar es Salaam5

The appellant committed breaches of the tenancy agreement by constructing a garage and wall without consent. Due notice to quit was given via exhibit D3, which sufficed for a monthly tenancy of a dwelling. The eviction order was reasonable given the circumstances and the respondent's right to enjoy his property. The appeal was dismissed with costs.

Citation
19880226 TZCA Dar es Salaam5
Parties
Appellant: Ali Rashid; Respondent: Asmatkhan Hakimkhan
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
26 February 1988
Procedural Posture
Civil Appeal / Second Appeal From High Court to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Eviction, Tenancy Breach, Notice to Quit, Mesne Profits, Rent Restriction Act
Source Language
English
Landlord and Tenant Property Law Eviction Tenancy Breach Notice to Quit Mesne Profits Rent Restriction Act

Case Brief

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Parties

Ali Rashid

Appellant

Asmatkhan Hakimkhan

Respondent

Procedural Posture

Civil Appeal / Second Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the respondent was entitled to an order of vacant possession under the Rent Restriction Act
  2. 2 Whether due notice to quit was given to the appellant
  3. 3 Whether alternative accommodation was offered to the appellant

Ratio Decidendi

The appellant committed breaches of the tenancy agreement by constructing a garage and wall without consent. Due notice to quit was given via exhibit D3, which sufficed for a monthly tenancy of a dwelling. The eviction order was reasonable given the circumstances and the respondent's right to enjoy his property. The appeal was dismissed with costs.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs
  • Order for eviction of appellant from suit premises stands