bray properties ltd vs czech republic consulate and another 2020 tzhccomd 2079 7 february 2020

bray properties ltd vs czech republic consulate and another 2020 tzhccomd 2079 7 february 2020

The defendants breached the tenancy agreement by failing to pay rent as agreed, as evidenced by the uncontroverted testimony and documentary evidence, entitling the plaintiff to outstanding rent and mesne profits but not to general damages due to lack of supporting testimony.

Citation
bray properties ltd vs czech republic consulate and another 2020 tzhccomd 2079 7 february 2020
Parties
Plaintiff: Bray Properties Limited; 1st Defendant: Czech Republic Consulate; 2nd Defendant: John Chaggama
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
7 February 2020
Procedural Posture
Commercial Case / Judgment After Ex Parte Hearing
Outcome
Judgment for the plaintiff
Legal Topics
Breach of Tenancy Agreement, Outstanding Rent, Mesne Profits, Damages
Source Language
English
Contract Law Landlord and Tenant Law Breach of Tenancy Agreement Outstanding Rent Mesne Profits Damages

Case Brief

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Parties

Bray Properties Limited

Plaintiff

Czech Republic Consulate

1st Defendant

John Chaggama

2nd Defendant

Procedural Posture

Commercial Case / Judgment After Ex Parte Hearing

Legal Issues

  1. 1 Whether there was a breach of the tenancy agreement by either party and to what extent
  2. 2 To what reliefs are the parties entitled

Ratio Decidendi

The defendants breached the tenancy agreement by failing to pay rent as agreed, as evidenced by the uncontroverted testimony and documentary evidence, entitling the plaintiff to outstanding rent and mesne profits but not to general damages due to lack of supporting testimony.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendants to pay USD 30,000 as outstanding rent arrears as of September 2017
  • Defendants to pay USD 37,500 as mesne profits from September 2017 to date