msae investment co limited vs yono auction mart co limited 2 others 2023 tzhclandd 17087 23 october 2023

msae investment co limited vs yono auction mart co limited 2 others 2023 tzhclandd 17087 23 october 2023

Plaintiff failed to prove ownership of the suit property as the certificate of occupancy was never validly executed and the property was lawfully transferred to and registered in the name of the second defendant. Plaintiff was a tenant, not owner, and after lease expiry and non-payment of rent, became a trespasser lawfully evicted. Plaintiff failed to prove specific damages. Defendants proved entitlement to rent arrears.

Citation
msae investment co limited vs yono auction mart co limited 2 others 2023 tzhclandd 17087 23 october 2023
Parties
Plaintiff: MSAE Investment Co. Limited; 1st Defendant: Yono Auction Mart Co. Limited; 2nd Defendant: Tanzania Building Agency; 3rd Defendant: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
23 October 2023
Procedural Posture
Land Case / Judgment After Full Trial
Outcome
Plaintiff's suit dismissed except for order of restitution of containers and any other property in custody of the first defendant. Counterclaim for rent arrears allowed.
Legal Topics
Eviction, Lease Agreements, Title to Land, Specific and General Damages, Counterclaim for Rent Arrears
Source Language
English
Land Law Contract Law Civil Procedure Eviction Lease Agreements Title to Land Specific and General Damages Counterclaim for Rent Arrears

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Parties

MSAE Investment Co. Limited

Plaintiff

Yono Auction Mart Co. Limited

1st Defendant

Tanzania Building Agency

2nd Defendant

The Attorney General

3rd Defendant

Procedural Posture

Land Case / Judgment After Full Trial

Legal Issues

  1. 1 Whether the plaintiff is the rightful owner of Plot No. 2466/208
  2. 2 Whether there was a lease agreement between the plaintiff and the second defendant
  3. 3 Whether the eviction of the plaintiff was lawful

Ratio Decidendi

Plaintiff failed to prove ownership of the suit property as the certificate of occupancy was never validly executed and the property was lawfully transferred to and registered in the name of the second defendant. Plaintiff was a tenant, not owner, and after lease expiry and non-payment of rent, became a trespasser lawfully evicted. Plaintiff failed to prove specific damages. Defendants proved entitlement to rent arrears.

Court Disposition

Plaintiff's suit dismissed except for order of restitution of containers and any other property in custody of the first defendant. Counterclaim for rent arrears allowed.

Orders

  • First defendant to restore to the plaintiff containers and any other properties of the plaintiff in its custody.
  • Plaintiff to pay the second defendant Tshs. 242,000,000 as rent arrears.