197203na TZHC Arusha
- Citation
- 197203na TZHC Arusha
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 1 January 1972
- Posture
- Civil Appeal / Second Appeal
- Language
- English
More details
- Court
- TZHC
- Decision
- 1 January 1972
- Posture
- Civil Appeal / Second Appeal
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
There was no evidence of a tenancy agreement or agreed rent between the parties; the appellant consistently claimed ownership, and the respondent's proper remedy was eviction, not recovery of rent.
Court disposition
appeal allowed
Orders
- Judgment set aside for the appellant/defendant with costs in this court and the courts below
02
Material facts
Parties
M. Joan Caary Kinabo
AppellantAmounts and remedies
- Claimed Arrears of Rent: KES 1,020
- Alleged Monthly Rent: KES 60
03
Procedural history
Posture
Civil Appeal / Second Appeal
04
Questions and positions
Legal issues
- 01
Whether the appellant was a tenant of the respondent
- 02
Whether there was an agreement as to rent
- 03
Whether the proper remedy was for arrears of rent or eviction
Party arguments
- Applicant
- The appellant claimed ownership of the house in question and denied being a tenant, asserting she had paid for the land and had not agreed to pay rent.
- Respondent
- The respondent claimed the appellant was a tenant, owed arrears of rent, and had refused to vacate the premises after being given notice.
05
Court’s reasoning
Legal principles
- 01
Court's reasoning
A claim for arrears of rent requires proof of a tenancy agreement and agreed rent.
- 02
Court's reasoning
Where possession is disputed on grounds of ownership, the proper remedy is eviction, not recovery of rent.
06
Ratio, limits and disposition
Ratio decidendi
There was no evidence of a tenancy agreement or agreed rent between the parties; the appellant consistently claimed ownership, and the respondent's proper remedy was eviction, not recovery of rent.
Court disposition
appeal allowed
- Judgment set aside for the appellant/defendant with costs in this court and the courts below
Source and reliance status
TZHC · 1 January 1972
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 1 January 1972
.hW 0110M iAk - LE fl-c. - 2JCW COf,? CO TAU?SA14!A AT MI ZA (Po) C St APPgAL E. 126 of 1971 (?ror tbo saia.Ion of . Distriot Caurt of ftliaanJ.ro at *ehi in CiVil Appeal o. 2 of 1971) M. Joan Caary Kinabo ----------- Appellirnt (Ori'itta1 pp.11ant) vkusus ------------- (OrjKjnai ieepondent) H 1rsmble1 3. This is a eoon4 e.pa1 agabat a juJga*it of the Pri'i;rj Court trate at Xkuu O1IeIt •lii of Lz1. 1020/- for høueø rest. The C*t w,* tb' t th• *ppulwit U*A tt, rant his kotø and be ohazd e3.. 60/ p.r sMh. She said tbat it was too hib as she was cting to uae( the balldtng as a konpit.1 and be aiioe4 ber to Occupy it fras for four *nths. 4t the and ol the tito the apsU&nt instated that she. 60/- per month ast'o hub and ottar 0/. The *pcedent rafuaeti to agree to thil and jave the pie1lani two eentbi to qpit the prsaiI*s. Be ba'OtC a e'ttr it Juro1i, 1969 but got no replyo is then upoe to the 3pp11int n4 preooa]ly demanded rant but she c1jso4 thet tbci hcu ws bura* 4 iuit was brvub% tsr areure of ant. The pp*flL.t'* ecotie* waw that the bouns in qucstio *ss liars; that she w&s renting 0101bsr house from the reo;ondent tnd ahs canted an be 6cald not provido she got posseusion of a paoel of lend nearby SM6 mad4 zlena for buildifl4 the reupondent offered to and, in. tact, did en; *be puld 'the neney for - _ The • was fti*, theetor., the qaeetlen of ownerabip. The learned ølkiUtr,to
found tt this hci been litigated is Mkuu 'lvii Case o. 52 of 1969 in wjch an sv.isttan ocd-cr was Malaaaint the eppel1nt# she spp1ed to the Dietrtcj Court whets ohs was parounded to withdraw the appeal cod 'ij. a oisia for o1 wa 9rah ip cal the land. She we udviaed of her rights at appeel sZcirtt the U.laion of the Dietriot s,iutruie but 4he did not spjea1 bt f1ei he r cittia* in the pricent e*ii the quection was whether the ap.11ant was a tenant of the xsapoiidant. On the respondent's Dtn OVid000c thro was never any •greeaamt as to the seoust of rent or anything to show that She $Oknowledsd him b her iad1oid. At the enrliast opporturity she denied this and is oupcvted I*y ;bo fact itiet in 19 69 be sought to evict her from tbs hcue cnt not to recover rent. The appolJE.nt has so cocci- utantly adence4bar cLLais to ownership tht it will not 1,.posaibie to baii.v4 that she usd* any atraseent to rent* it vauprDvtd, moreover, what was the arssd zest; it was never egreed, if the ap1ltnt is holding cut sainet the right of the respondent, who it was .tted he eetablisb.d his riht to posasesica, the proper 1 b5dI was not tc au4 for a fttjjju* rent bat to curareo the aviction Order. Pro, the vse evidenee 3. can see no tounst1n for this cbtm and cannot support the dOtlør* cf the Lower courts. 1 e&Iow the appeal sod order tht jaldgm it be •.trcd fr the s,ai1ant/d.fendant with coats in this c*art and 'h courts beice. 1 ' C., Aruehe t ...../3/72 3i1 a ti to /i.sthi. I
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