20120704 TZHC DODOMA

There was no agreement between the parties for the rent increase to Tshs. 350,000, and thus the order for payment of arrears at that rate was unjustified. The counter-claim for Tshs. 5,000,000 was a separate loan and not part of the tenancy relationship. The appellant must vacate the premises as the lease had expired.

Citation: 20120704 TZHC DODOMA
Parties: Appellant: Ibrahimu B. Makwaru; Respondent: Abdallah Athman Khalfan
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 4 July 2012
Procedural Posture: Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome: Appeal partly allowed
Legal Topics: Tenancy Agreements, Rent Increase, Counter Claim, Eviction
Source Language: English

Land Law Landlord and Tenant Tenancy Agreements Rent Increase Counter Claim Eviction

Case Brief

Summary, issues, holding and outcome

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Parties

Ibrahimu B. Makwaru

Appellant

Abdallah Athman Khalfan

Respondent

Procedural Posture

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

Legal Issues

1 Whether the rent increase from Tshs. 100,000 to Tshs. 350,000 was agreed upon by the parties
2 Whether the counter-claim regarding Tshs. 5,000,000 loan relates to the landlord-tenant relationship
3 Whether the trial tribunal properly analyzed the evidence

Ratio Decidendi

Court Disposition

Appeal partly allowed

Orders

Order for payment of rent arrears at Tshs. 350,000 per month set aside
Order for appellant to vacate the suit premises (Plot No. 6, Block 12, 6th Street, Dodoma Municipality) upheld