20170217 TZHC Mwanza

20170217 TZHC Mwanza

The appellant breached the tenancy agreement by failing to pay rent and subletting the premises without consent. There was no basis for awarding special damages to the respondent as they were neither pleaded nor proved.

Citation
20170217 TZHC Mwanza
Parties
Appellant: John Magessa; Respondent: Rose Lameck
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 February 2017
Procedural Posture
Land Appeal / Judgment After Appeal From District Land and Housing Tribunal
Outcome
Appeal dismissed with costs except for reversal of special damages award.
Legal Topics
Breach of Tenancy Agreement, Rent Arrears, Special Damages, Subletting Without Consent
Source Language
English
Land Law Tenancy Law Breach of Tenancy Agreement Rent Arrears Special Damages Subletting Without Consent

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Parties

John Magessa

Appellant

Rose Lameck

Respondent

Procedural Posture

Land Appeal / Judgment After Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the appellant was in rent arrears and breached the tenancy agreement
  2. 2 Whether the appellant sublet the premises without consent
  3. 3 Whether the award of special damages to the respondent was justified

Ratio Decidendi

The appellant breached the tenancy agreement by failing to pay rent and subletting the premises without consent. There was no basis for awarding special damages to the respondent as they were neither pleaded nor proved.

Court Disposition

Appeal dismissed with costs except for reversal of special damages award.

Orders

  • Order reversing the award of Tshs. 5,000,000/- special damages to the respondent.
  • Appellant to pay respondent Tshs. 1,000,000/- as rent arrears.