19900716 TZCA Dar es Salaam2

19900716 TZCA Dar es Salaam2

The High Court erred by failing to determine whether alternative reasonably equivalent accommodation was available to the appellants as required by Section 25(1)(e) of the Rent Restriction Act 1984. Since the alternative accommodations were not reasonably equivalent to the suit premises, the order for repossession could not be sustained.

Citation
19900716 TZCA Dar es Salaam2
Parties
Appellant: P. S. Parjwar; Appellant: A. K. Damjee; Respondent: Paulo E. Muro
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 July 1990
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal allowed
Legal Topics
Vacant Possession, Alternative Accommodation, Rent Arrears, Subletting, Hardship, Appellate Review
Source Language
English
Landlord and Tenant Housing Law Civil Procedure Vacant Possession Alternative Accommodation Rent Arrears Subletting Hardship +1 more

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Parties

P. S. Parjwar

Appellant

A. K. Damjee

Appellant

Paulo E. Muro

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the respondent landlord is entitled to vacant possession of the premises under Section 25(1)(e)(i) and (ii) of the Rent Restriction Act 1984
  2. 2 Whether alternative reasonably equivalent accommodation is available to the appellants
  3. 3 Whether the High Court erred in its approach to the statutory requirements for repossession

Ratio Decidendi

The High Court erred by failing to determine whether alternative reasonably equivalent accommodation was available to the appellants as required by Section 25(1)(e) of the Rent Restriction Act 1984. Since the alternative accommodations were not reasonably equivalent to the suit premises, the order for repossession could not be sustained.

Court Disposition

appeal allowed

Orders

  • Judgment and orders of the High Court set aside
  • Orders of the Housing Appeals Tribunal restored