judith namangaya vs straight auction mart and court brokers 7 another 2015 tzhc 2038 14 july 2015

judith namangaya vs straight auction mart and court brokers 7 another 2015 tzhc 2038 14 july 2015

The appellant was not a lawful tenant after the expiry of the periodic lease, which was properly terminated by notice. She was not eligible to purchase the suit premises as she was not a public servant, and public policy restricts sale of government property to public servants. The trial tribunal erred in striking out the issue of eligibility, but on merits, the appellant's claim fails.

Citation
judith namangaya vs straight auction mart and court brokers 7 another 2015 tzhc 2038 14 july 2015
Parties
Appellant: Judith Namangaya; 1st Respondent: Straight Auction Mart and Court Brokers; 2nd Respondent: Tanzania Building Authority
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 July 2015
Procedural Posture
Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal dismissed with costs
Legal Topics
Periodic Tenancy, Right of First Refusal, Eligibility to Purchase Government Property, Termination of Lease, Public Policy in Sale of Government Property
Source Language
English
Land Law Contract Law Civil Procedure Periodic Tenancy Right of First Refusal Eligibility to Purchase Government Property Termination of Lease Public Policy in Sale of Government Property

Case Brief

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Parties

Judith Namangaya

Appellant

Straight Auction Mart and Court Brokers

1st Respondent

Tanzania Building Authority

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the appellant was a lawful tenant after expiry of the written lease
  2. 2 Whether the appellant was eligible to purchase the suit premises
  3. 3 Whether the trial tribunal erred in striking out the issue of eligibility to purchase

Ratio Decidendi

The appellant was not a lawful tenant after the expiry of the periodic lease, which was properly terminated by notice. She was not eligible to purchase the suit premises as she was not a public servant, and public policy restricts sale of government property to public servants. The trial tribunal erred in striking out the issue of eligibility, but on merits, the appellant's claim fails.

Court Disposition

Appeal dismissed with costs

Orders

  • Appellant's appeal dismissed with costs