19940917 TZHC Dar es Salaam

19940917 TZHC Dar es Salaam

The trial magistrate was correct in finding that the respondent reasonably required the premises for his own occupation and that there was no legal requirement for alternative accommodation to be available to the appellants. The sale of the premises after judgment did not affect the respondent's right to vacant possession as the sale occurred after the judgment was delivered.

Citation
19940917 TZHC Dar es Salaam
Parties
Appellant: Jasmin Kassam Khimji; Appellant: Mohamed Abdul Rabi; Respondent: Abbas Sameja
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 September 1994
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Eviction, Vacant Possession, Landlord and Tenant, Rent Restriction
Source Language
English
Land Law Tenancy Law Eviction Vacant Possession Landlord and Tenant Rent Restriction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Jasmin Kassam Khimji

Appellant

Mohamed Abdul Rabi

Appellant

Abbas Sameja

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the respondent reasonably required the suit premises for his own occupation
  2. 2 Whether the appellants were entitled to remain in the premises in absence of alternative accommodation
  3. 3 Whether the sale of the premises after judgment affected the respondent's right to vacant possession

Ratio Decidendi

The trial magistrate was correct in finding that the respondent reasonably required the premises for his own occupation and that there was no legal requirement for alternative accommodation to be available to the appellants. The sale of the premises after judgment did not affect the respondent's right to vacant possession as the sale occurred after the judgment was delivered.

Court Disposition

appeal dismissed

Orders

  • Appellants to vacate the suit premises within 3 months from 30/3/1984