herkin builders ltd vs kalekezi 1998 tzhc 3 1 january 1998

herkin builders ltd vs kalekezi 1998 tzhc 3 1 january 1998

The Housing Appeals Tribunal erred by rectifying the decree and making orders on matters not raised in the appeal without affording the parties an opportunity to be heard, contrary to the rules of natural justice and the applicable procedural rules. The trial tribunal's orders on costs, the balance of rehabilitation...

Source-derived case information.

Citation
herkin builders ltd vs kalekezi 1998 tzhc 3 1 january 1998
Parties
Appellant: Herkin Builders Ltd; Respondent: Mariam Peter Kalekezi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 1998
Procedural Posture
Civil Appeal / Judgment on Appeal From Housing Appeal Tribunal
Outcome
Appeal allowed to the extent indicated; orders of the Housing Appeals Tribunal set aside; orders of the Regional Housing Tribunal reinstated.
Legal Topics
Lease Agreements, Termination of Tenancy, Recovery of Repair Costs, Award of Costs, Right to Be Heard in Appeals
Source Language
english
Land Law Contract Law Landlord and Tenant Law Lease Agreements Termination of Tenancy Recovery of Repair Costs Award of Costs Right to Be Heard in Appeals

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Summary, issues, holding and outcome

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Parties

Herkin Builders Ltd

Appellant

Mariam Peter Kalekezi

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Housing Appeal Tribunal

Legal Issues

  1. 1 Whether the Housing Appeals Tribunal erred in rectifying the decree of the trial tribunal beyond the scope of the appeal
  2. 2 Whether the award of costs against the respondent was justified
  3. 3 Whether the calculation of the balance due for rehabilitation costs was correct

Ratio Decidendi

The Housing Appeals Tribunal erred by rectifying the decree and making orders on matters not raised in the appeal without affording the parties an opportunity to be heard, contrary to the rules of natural justice and the applicable procedural rules. The trial tribunal's orders on costs, the balance of rehabilitation costs, and the three months' notice were sound and are reinstated.

Court Disposition

Appeal allowed to the extent indicated; orders of the Housing Appeals Tribunal set aside; orders of the Regional Housing Tribunal reinstated.

Orders

  • Respondent to pay appellant Tshs 191,460 as balance of unrecouped rehabilitation costs.
  • Respondent to pay appellant Tshs 42,000 being equivalent of three months' rent for notice period.