19830331 TZHC Dar es Salaam
The landlady failed to give the required notice to quit for a monthly tenancy and did not provide reasonable alternative accommodation as required by the Rent Restriction Act. The trial court did not consider these prerequisites, rendering the eviction order invalid.
- Citation
- 19830331 TZHC Dar es Salaam
- Parties
- Appellant: Ismailjee M. Abdulali; Respondent: Fatuma A. M. Dadawila
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 31 March 1983
- Procedural Posture
- Civil Appeal / Judgment on Appeal From Resident Magistrate's Court
- Outcome
- appeal allowed
- Legal Topics
- Eviction, Notice to Quit, Statutory Tenancy, Alternative Accommodation, Arrears of Rent
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Ismailjee M. Abdulali
Appellant
Fatuma A. M. Dadawila
Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal From Resident Magistrate's Court
Legal Issues
- 1 Whether the landlady was required to give notice to quit before seeking possession under section 19 of the Rent Restriction Act
- 2 Whether alternative equivalent accommodation was available to the tenant as required by law
- 3 Whether the tenant was in arrears of rent
Ratio Decidendi
The landlady failed to give the required notice to quit for a monthly tenancy and did not provide reasonable alternative accommodation as required by the Rent Restriction Act. The trial court did not consider these prerequisites, rendering the eviction order invalid.
Court Disposition
appeal allowed
Orders
- Order of eviction set aside
- Costs awarded to appellant
Full Case Text
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