19960326 TZHC Dar es Salaam

19960326 TZHC Dar es Salaam

The Appeals Tribunal did not properly exercise judicial discretion and failed to comply strictly with Section 17 of the Rent Restriction Act. The rent fixed by the Regional Housing Tribunal (Shs. 29,394 pm) is reasonable and should be declared as the new standard rent.

Citation
19960326 TZHC Dar es Salaam
Parties
Appellant: Lazarus Diaz; Respondent: Kibodya Hotels Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 March 1996
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Standard Rent Determination, Appeal Procedure, Judicial Discretion
Source Language
English
Housing Law Rent Control Standard Rent Determination Appeal Procedure Judicial Discretion

Case Brief

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Parties

Lazarus Diaz

Appellant

Kibodya Hotels Ltd

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the Appeals Tribunal erred in increasing the standard rent from Shs. 29,394 pm to Shs. 50,000 pm
  2. 2 Whether the Tribunal complied with Section 17 of the Rent Restriction Act 1984
  3. 3 Whether the valuation report and evidence were properly scrutinized

Ratio Decidendi

The Appeals Tribunal did not properly exercise judicial discretion and failed to comply strictly with Section 17 of the Rent Restriction Act. The rent fixed by the Regional Housing Tribunal (Shs. 29,394 pm) is reasonable and should be declared as the new standard rent.

Court Disposition

appeal allowed

Orders

  • The rent fixed by the Regional Housing Tribunal (Shs. 29,394 pm) is declared as the new standard rent.
  • No order as to costs.