20000110 TZHC Dar es Salaam

The suit was misconceived as privity of contract prevents one tenant from affecting another's tenancy rights; structural alterations cannot be carried out without landlord's express permission.

Citation: 20000110 TZHC Dar es Salaam
Parties: Appellant: Fumo Co. Limited; Appellant: National Housing Corporation; Respondent: Juffent Import-Export Co. Ltd.
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 10 January 2000
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Tenancy, Privity of Contract, Partition of Premises
Source Language: English

Contract Law Property Law Tenancy Privity of Contract Partition of Premises

Case Brief

Summary, issues, holding and outcome

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Parties

Fumo Co. Limited

Appellant

National Housing Corporation

Appellant

Juffent Import-Export Co. Ltd.

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the trial magistrate erred in ordering vertical partitioning of the premises
2 Whether the suit by the first respondent was misconceived due to privity of contract
3 Whether structural alterations require landlord's permission

Ratio Decidendi

The suit was misconceived as privity of contract prevents one tenant from affecting another's tenancy rights; structural alterations cannot be carried out without landlord's express permission.

Court Disposition

appeal allowed

Orders

Judgment and order of the trial court in Civil Case No. 481/98 set aside.
Appellant awarded costs in this appeal and in the lower court.