19890131 TZHC Dar es Salaam2

19890131 TZHC Dar es Salaam2

The Regional Housing Tribunal made a finding of fact that the appellant reasonably required the premises for his own use and had offered alternative accommodation to the respondent, who refused to occupy it. The Housing Appeals Tribunal erred in reversing this factual finding. The decision of the Regional Housing Tribunal is restored.

Citation
19890131 TZHC Dar es Salaam2
Parties
Appellant: Mohamed Simd; Respondent: Filip Munji Pankiar
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 January 1989
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal allowed
Legal Topics
Eviction, Alternative Accommodation, Reasonable Requirement, Appeal Procedure
Source Language
English
Landlord and Tenant Housing Law Eviction Alternative Accommodation Reasonable Requirement Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mohamed Simd

Appellant

Filip Munji Pankiar

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the appellant reasonably required the premises for his own use
  2. 2 Whether alternative accommodation was available and reasonably equivalent for the respondent

Ratio Decidendi

The Regional Housing Tribunal made a finding of fact that the appellant reasonably required the premises for his own use and had offered alternative accommodation to the respondent, who refused to occupy it. The Housing Appeals Tribunal erred in reversing this factual finding. The decision of the Regional Housing Tribunal is restored.

Court Disposition

appeal allowed

Orders

  • Decision of the Housing Appeals Tribunal set aside
  • Decision of the Regional Housing Tribunal restored