20070220 TZHC Dar es Salaam

20070220 TZHC Dar es Salaam

The Tribunal's finding that the keys were returned and the premises vacated was based on the credibility of witnesses, which the appellate court will not disturb. The absence of a written contract does not mean there was no agreement. The Tribunal was justified in not visiting the locus in quo as it was not necessary. All grounds of appeal lacked merit.

Citation
20070220 TZHC Dar es Salaam
Parties
Appellant: Gido Muba; Respondent: Philipo Anthony Mallya
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 February 2007
Procedural Posture
Land Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Tenancy, Vacant Possession, Termination of Tenancy, Oral Contracts, Tribunal Procedure
Source Language
English
Land Law Tenancy Vacant Possession Termination of Tenancy Oral Contracts Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Gido Muba

Appellant

Philipo Anthony Mallya

Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the tenancy contract between the parties was terminated
  2. 2 Whether the respondent handed over the keys and vacated the premises
  3. 3 Whether the Tribunal erred in not visiting the locus in quo

Ratio Decidendi

The Tribunal's finding that the keys were returned and the premises vacated was based on the credibility of witnesses, which the appellate court will not disturb. The absence of a written contract does not mean there was no agreement. The Tribunal was justified in not visiting the locus in quo as it was not necessary. All grounds of appeal lacked merit.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs awarded to respondent