19870623 TZHC Dar es Salaam2

19870623 TZHC Dar es Salaam2

The lower court's decision that no arrears of rent are owed and that the respondent is not entitled to damages is fair and reasonable given the lack of evidence on agreed rent and damages, and considering the improvements made by the appellant and the period of occupation.

Citation
19870623 TZHC Dar es Salaam2
Parties
Appellant/defendant: Juma Rashidi; Respondent/plaintiff: Betuel Poli
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 June 1987
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed; lower court decision upheld.
Legal Topics
Arrears of Rent, Vacant Possession, Damages for Eviction, Assessment of Standard Rent
Source Language
English
Landlord and Tenant Civil Procedure Arrears of Rent Vacant Possession Damages for Eviction Assessment of Standard Rent

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Parties

Juma Rashidi

Appellant/defendant

Betuel Poli

Respondent/plaintiff

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether arrears of rent are owed by the appellant to the respondent
  2. 2 Whether the appellant is entitled to damages for eviction
  3. 3 Whether the appellant is entitled to a refund for improvements made to the premises

Ratio Decidendi

The lower court's decision that no arrears of rent are owed and that the respondent is not entitled to damages is fair and reasonable given the lack of evidence on agreed rent and damages, and considering the improvements made by the appellant and the period of occupation.

Court Disposition

Appeal dismissed; lower court decision upheld.

Orders

  • Regional Housing Tribunal to assess standard rent under section 12(b) of the Rent Restriction Act, 1984.
  • No order as to costs.