elizabeth augustino said vs oysterbay properties ltd another 2005 tzhc 130 22 june 2005

elizabeth augustino said vs oysterbay properties ltd another 2005 tzhc 130 22 june 2005

The High Court lacks jurisdiction to enforce the order or decree of the Dar es Salaam Regional Housing Tribunal; the proper forum is the Court of the Resident Magistrate as per the Rent Restriction Act.

Citation
elizabeth augustino said vs oysterbay properties ltd another 2005 tzhc 130 22 june 2005
Parties
Petitioner: Elizabeth Augustino Said; 1st Respondent: Oysterbay Properties Ltd; 2nd Respondent: Abba Patrick Mwakitwange Alias Patrick Abba Robbert
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 June 2005
Procedural Posture
Miscellaneous Civil Cause / Ruling on Preliminary Objection
Outcome
Petition struck out for want of jurisdiction.
Legal Topics
Jurisdiction, Enforcement of Tribunal Orders, Execution of Decrees
Source Language
English
Civil Procedure Landlord and Tenant Law Jurisdiction Enforcement of Tribunal Orders Execution of Decrees

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Parties

Elizabeth Augustino Said

Petitioner

Oysterbay Properties Ltd

1st Respondent

Abba Patrick Mwakitwange Alias Patrick Abba Robbert

2nd Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court has jurisdiction to enforce orders of the Dar es Salaam Regional Housing Tribunal
  2. 2 Whether the petition is maintainable in law
  3. 3 Admissibility of affidavit annexed to the petition

Ratio Decidendi

The High Court lacks jurisdiction to enforce the order or decree of the Dar es Salaam Regional Housing Tribunal; the proper forum is the Court of the Resident Magistrate as per the Rent Restriction Act.

Court Disposition

Petition struck out for want of jurisdiction.

Orders

  • Petition is struck out.
  • Each party to bear its own costs.