19921208 TZHC Dar es Salaam

19921208 TZHC Dar es Salaam

The appellant was properly evicted for breach of tenancy and failure to pay rent after recovering construction expenses, and the appeal was time-barred as it was filed beyond the prescribed period without sufficient explanation for the delay.

Citation
19921208 TZHC Dar es Salaam
Parties
Appellant: Omar A. Bakhuwar; Respondent: Karim Ally Mbiku
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 December 1992
Procedural Posture
Civil Appeal / Second Appeal Before High Court
Outcome
Appeal dismissed with costs
Legal Topics
Eviction, Limitation of Actions, Breach of Tenancy Agreement
Source Language
English

Case Brief

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Parties

Omar A. Bakhuwar

Appellant

Karim Ally Mbiku

Respondent

Procedural Posture

Civil Appeal / Second Appeal Before High Court

  1. 1 Whether the appellant was properly evicted from the premises after recovering construction expenses
  2. 2 Whether the appeal was filed within the prescribed limitation period

Ratio Decidendi

The appellant was properly evicted for breach of tenancy and failure to pay rent after recovering construction expenses, and the appeal was time-barred as it was filed beyond the prescribed period without sufficient explanation for the delay.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay costs