na TZHC Mbeya

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IN THE HIGH COURT OF TANZANIA (LANb DIVISION)

AT MBEYA LAND APPEAL NO. 3 OF 2005 (From the Decision of the bistrict Land and Housing Tribunal of Mbeya in Application no 19 of 2005 IMTIAZ BANbALI ..................................................................APPELLANT versus MRS. NASREEN NAZIM LALJI .............................. . RESPONbENT JUbGMENT Before E. A. Kileo, J. Mr. Nasreen Nazim Lalji who is the respondent in this case is the Owner of property situated On plot no 2 Block 'D' Lupaway Street, Uhiridini area in the Municipality of Mbeya.. A tenancy agreement between her and the appellant was entered into on 7th January 2002. The tenancy was for a term of two years. The respondent won in an application that she filed in the District Land and Housing Tribunal for vacant possession against the present appellant. p ) Being aggrieved by the decision of the Tribunal the appellant, who has the legal services of Mwckolo Advocates, has come to this court. His memorandum of appeal contains four grounds of appeal: That the Trial bistrict Land and Housing Tribunal erred both in points of Low when it when it failed to direct mind to the issues framed by it when making the decision. That the trial bistrict Land and Housing Tribunal erred in Law and Facts when it disregarded that there was no proper notice and the respondent was 30th April. And instead went on receiving rent up to Ordered that the Appellant should vacate the premises as the period from 1/5/2005 to the day of judgment was a sufficient notice to the Applicant. That the trial bistrict Land and Housing Tribunal erred both in poinl,s of Fact and Law failed to analyse properly the evidence which was before it and hence it reached to a wrong conclusion. 2