19860227 TZCA Dar es Salaam

19860227 TZCA Dar es Salaam

A notice to quit is mandatory before filing an action for possession against a contractual tenant, and there was no evidence that suitable alternative accommodation was provided to the respondent; therefore, the appellant's claim for possession fails.

Citation
19860227 TZCA Dar es Salaam
Parties
Appellant: Fatuma A. M. Dadialla; Respondent: Ismailjee M. Abouali
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 February 1986
Procedural Posture
Civil Appeal / Final Appellate Decision
Outcome
appeal dismissed
Legal Topics
Notice to Quit, Contractual Tenancy, Statutory Tenancy, Alternative Accommodation, Eviction
Source Language
English
Landlord and Tenant Property Law Notice to Quit Contractual Tenancy Statutory Tenancy Alternative Accommodation Eviction

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Parties

Fatuma A. M. Dadialla

Appellant

Ismailjee M. Abouali

Respondent

Procedural Posture

Civil Appeal / Final Appellate Decision

Legal Issues

  1. 1 Whether a notice to quit was necessary before filing an action for possession against a contractual tenant.
  2. 2 Whether suitable alternative accommodation was provided to the respondent as required by law.

Ratio Decidendi

A notice to quit is mandatory before filing an action for possession against a contractual tenant, and there was no evidence that suitable alternative accommodation was provided to the respondent; therefore, the appellant's claim for possession fails.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.