20120830 TZHC Dar es Salaam

20120830 TZHC Dar es Salaam

The appeal lacks merit as the Tribunal properly evaluated the evidence, there was no need to visit the locus in quo, the alleged breach regarding the toilet was not part of the binding agreement, and the Tribunal gave adequate reasons for its decision.

Citation
20120830 TZHC Dar es Salaam
Parties
Appellant: Ally Sudi; Respondent: Emmanuel Swai
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 August 2012
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Appeals, Easement, Breach of Contract, Tribunal Procedure
Source Language
English
Land Law Appeals Easement Breach of Contract Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Ally Sudi

Appellant

Emmanuel Swai

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal erred by not visiting the locus in quo
  2. 2 Whether the respondent breached the contract regarding construction of a toilet
  3. 3 Whether the Tribunal disregarded appellant's evidence

Ratio Decidendi

The appeal lacks merit as the Tribunal properly evaluated the evidence, there was no need to visit the locus in quo, the alleged breach regarding the toilet was not part of the binding agreement, and the Tribunal gave adequate reasons for its decision.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs awarded to respondent