lawrence magesa ta jopen pharmacy another 2022 tzca 605 6 october 2022
The appellant failed to prove fraud in the lease agreement, was in unlawful occupation after expiry of lease, was served sufficient notice, and is not entitled to compensation for eviction or loss.
- Citation
- lawrence magesa ta jopen pharmacy another 2022 tzca 605 6 october 2022
- Parties
- Appellant: Lawrence Magesa t/a Jopen Pharmacy; 1st Respondent: Fatuma Omary; 2nd Respondent: Rimina Auction Mart & Company Limited
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 6 October 2022
- Procedural Posture
- Civil Appeal / Final Appellate Judgment
- Outcome
- appeal dismissed with costs
- Legal Topics
- Tenancy, Eviction, Burden of Proof, Fraud Allegations, Compensation for Eviction
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Lawrence Magesa t/a Jopen Pharmacy
Appellant
Fatuma Omary
1st Respondent
Rimina Auction Mart & Company Limited
2nd Respondent
Procedural Posture
Civil Appeal / Final Appellate Judgment
Legal Issues
- 1 Whether the appellant had prior notice before eviction
- 2 Whether the appellant proved fraud in alteration of lease agreement
- 3 Whether the eviction was lawful
Ratio Decidendi
The appellant failed to prove fraud in the lease agreement, was in unlawful occupation after expiry of lease, was served sufficient notice, and is not entitled to compensation for eviction or loss.
Court Disposition
appeal dismissed with costs
Orders
- Appeal dismissed
- Costs awarded to respondents
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment