frank onesmo vs charles samwel mbega 2014 tzca 304 18 november 2014

frank onesmo vs charles samwel mbega 2014 tzca 304 18 november 2014

The appellant sued the wrong party, as the respondent was a stranger to the lease agreement and not liable for alleged losses or damages; appellant failed to prove loss or existence of goods; no good cause of action established against the respondent.

Citation
frank onesmo vs charles samwel mbega 2014 tzca 304 18 november 2014
Parties
Appellant: Frank Onesmo; Respondent: Charles Samwel Mbwega
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 November 2014
Procedural Posture
Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal dismissed with costs
Legal Topics
Lease Agreements, Locus Standi, Breach of Contract, Damages, Bonafide Purchaser, Burden of Proof
Source Language
English
Land Law Contract Law Lease Agreements Locus Standi Breach of Contract Damages Bonafide Purchaser Burden of Proof

Case Brief

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Parties

Frank Onesmo

Appellant

Charles Samwel Mbwega

Respondent

Procedural Posture

Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the appellant had locus standi against the respondent
  2. 2 Whether there was a landlord-tenant relationship between appellant and respondent
  3. 3 Whether the respondent was liable for alleged losses and damages under the lease agreement

Ratio Decidendi

The appellant sued the wrong party, as the respondent was a stranger to the lease agreement and not liable for alleged losses or damages; appellant failed to prove loss or existence of goods; no good cause of action established against the respondent.

Court Disposition

Appeal dismissed with costs

Orders

  • Decision of the District Land and Housing Tribunal upheld
  • Appellant to pay costs at both appellate and tribunal levels