19730421 TZHC Mwanza

19730421 TZHC Mwanza

The claim was only proved to the extent of Shs. 323.85, as the respondent failed to prove by admissible evidence that the appellant continued to occupy the premises after the notice to quit expired. The appellant is liable only for the rent up to 13.12.70 and not beyond.

Citation
19730421 TZHC Mwanza
Parties
Appellant: Johanis Mkami s/o; Respondent: Liudi Ichin
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 April 1973
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal allowed in part
Legal Topics
Tenancy, Arrears of Rent, Burden of Proof, Notice to Quit
Source Language
English
Land Law Contract Law Tenancy Arrears of Rent Burden of Proof Notice to Quit

Case Brief

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Parties

Johanis Mkami s/o

Appellant

Liudi Ichin

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the appellant was liable for the full amount of rent claimed by the respondent
  2. 2 Whether the respondent proved continued occupation by the appellant after expiry of notice to quit

Ratio Decidendi

The claim was only proved to the extent of Shs. 323.85, as the respondent failed to prove by admissible evidence that the appellant continued to occupy the premises after the notice to quit expired. The appellant is liable only for the rent up to 13.12.70 and not beyond.

Court Disposition

appeal allowed in part

Orders

  • Appellant to pay respondent Shs. 323.85 only
  • Each party to bear their own costs of the appeal