19821217 TZHC Mbeya

19821217 TZHC Mbeya

The appellant circumvented the standard rent by combining rent and service charges, resulting in overcharging the respondent. The trial court correctly awarded the respondent a refund of the excess rent paid.

Citation
19821217 TZHC Mbeya
Parties
Appellant: Issa s/o Abdul; Respondent: Lauson s/o Mwansasu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 December 1982
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Standard Rent, Overcharging Rent, Refund of Excess Rent, Apportionment of Service Charges
Source Language
English
Landlord and Tenant Civil Procedure Standard Rent Overcharging Rent Refund of Excess Rent Apportionment of Service Charges

Case Brief

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Parties

Issa s/o Abdul

Appellant

Lauson s/o Mwansasu

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant overcharged the respondent in excess of the standard rent fixed by the Rent Tribunal
  2. 2 Whether the respondent is entitled to a refund of excess rent paid

Ratio Decidendi

The appellant circumvented the standard rent by combining rent and service charges, resulting in overcharging the respondent. The trial court correctly awarded the respondent a refund of the excess rent paid.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.