herkin bulders ltd vs mariam peter kalekezi 1998 tzhc 2019 1 december 1998

herkin bulders ltd vs mariam peter kalekezi 1998 tzhc 2019 1 december 1998

The Housing Appeals Tribunal acted ultra vires by rectifying the decree on issues not raised in the appeal and without hearing the parties. The trial tribunal's orders regarding the balance of rehabilitation costs, three months' notice equivalent, and costs were correct and are reinstated.

Citation
herkin bulders ltd vs mariam peter kalekezi 1998 tzhc 2019 1 december 1998
Parties
Appellant: Herkin Builders Ltd; Respondent: Mariam Peter Kalekezi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 December 1998
Procedural Posture
Civil Appeal / Judgment on Second Appeal
Outcome
appeal allowed in part
Legal Topics
Lease Termination, Recovery of Repair Costs, Award of Costs, Procedural Fairness in Appeals
Source Language
English
Land Law Contract Law Landlord and Tenant Lease Termination Recovery of Repair Costs Award of Costs Procedural Fairness in Appeals

Case Brief

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Parties

Herkin Builders Ltd

Appellant

Mariam Peter Kalekezi

Respondent

Procedural Posture

Civil Appeal / Judgment on Second Appeal

Legal Issues

  1. 1 Whether the Housing Appeals Tribunal erred in rectifying the decree of the Regional Housing Tribunal beyond the scope of the appeal
  2. 2 Whether the appellant is entitled to recover the balance of rehabilitation costs and three months' notice equivalent
  3. 3 Whether costs were properly awarded

Ratio Decidendi

The Housing Appeals Tribunal acted ultra vires by rectifying the decree on issues not raised in the appeal and without hearing the parties. The trial tribunal's orders regarding the balance of rehabilitation costs, three months' notice equivalent, and costs were correct and are reinstated.

Court Disposition

appeal allowed in part

Orders

  • Order of the Housing Appeals Tribunal set aside
  • Order of the Regional Housing Tribunal reinstated with modification