20001020 TZHC Dar es Salaam 2

20001020 TZHC Dar es Salaam 2

The appeal is dismissed except for the variation regarding the refund of construction costs, which the respondent is ordered to pay to the appellant. The appellate tribunal's decision on rent and correspondence was upheld as there was no error found.

Citation
20001020 TZHC Dar es Salaam 2
Parties
Appellant: Ephrem Kivishe; Respondent: Royal Pre-School
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 October 2000
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed with variation
Legal Topics
Rent Arrears, Refund of Construction Costs, Appeal Grounds
Source Language
English
Civil Law Landlord and Tenant Rent Arrears Refund of Construction Costs Appeal Grounds

Case Brief

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Parties

Ephrem Kivishe

Appellant

Royal Pre-School

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellate tribunal erred in assessing the balance of rent due up to December 1996 instead of June 1999
  2. 2 Whether writing letters suggesting higher rent constituted frustration exempting respondent from paying rent
  3. 3 Whether the appellate tribunal erred in inferring the rent figure from correspondence instead of evidence

Ratio Decidendi

The appeal is dismissed except for the variation regarding the refund of construction costs, which the respondent is ordered to pay to the appellant. The appellate tribunal's decision on rent and correspondence was upheld as there was no error found.

Court Disposition

appeal dismissed with variation

Orders

  • Respondent to refund appellant Tsh. 874,150/- as construction costs
  • Appeal dismissed in all other aspects with costs