donald j mwakipesile vs kimbembe auction mart ltd another 2014 tzhc 2145 3 september 2014
The plaintiff was lawfully evicted after due notice for rent arrears; no credible evidence was provided for claimed losses or damages; the suit lacked merit and was dismissed.
- Citation
- donald j mwakipesile vs kimbembe auction mart ltd another 2014 tzhc 2145 3 september 2014
- Parties
- Plaintiff: Donald J. Mwakipesile; 1st Defendant: Kimbembe Auction Mart Limited; 2nd Defendant: The National Housing Corporation
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 3 September 2014
- Procedural Posture
- Land Case / Judgment
- Outcome
- suit dismissed
- Legal Topics
- Eviction, Tenant Rights, Damages, Notice Requirements
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Donald J. Mwakipesile
Plaintiff
Kimbembe Auction Mart Limited
1st Defendant
The National Housing Corporation
2nd Defendant
Procedural Posture
Land Case / Judgment
Legal Issues
- 1 Whether the plaintiff was a tenant of the second defendant
- 2 Whether the eviction was lawful
- 3 Whether the plaintiff suffered any damages as a result of the eviction
Ratio Decidendi
The plaintiff was lawfully evicted after due notice for rent arrears; no credible evidence was provided for claimed losses or damages; the suit lacked merit and was dismissed.
Court Disposition
suit dismissed
Orders
- Plaintiff to pay costs of the suit
Full Case Text
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