19900716 TZHC Dar es Salaam

19900716 TZHC Dar es Salaam

The High Court erred by skipping the statutory requirement to determine whether alternative accommodation reasonably equivalent to the suit premises was available to the tenants; since such accommodation was not available, repossession could not be ordered solely on landlord's hardship.

Citation
19900716 TZHC Dar es Salaam
Parties
Appellant: P. S. Parmar; Appellant: B. M. Mjee; Respondent: Paulo E. Wuro
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 July 1990
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal allowed
Legal Topics
Vacant Possession, Alternative Accommodation, Non Payment of Rent, Subletting, Hardship Assessment
Source Language
English
Landlord and Tenant Housing Law Vacant Possession Alternative Accommodation Non Payment of Rent Subletting Hardship Assessment

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Parties

P. S. Parmar

Appellant

B. M. Mjee

Appellant

Paulo E. Wuro

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the landlord is entitled to vacant possession based on reasonable requirement for own use
  2. 2 Whether alternative accommodation reasonably equivalent is available to the tenants
  3. 3 Whether non-payment of rent and subletting were proved

Ratio Decidendi

The High Court erred by skipping the statutory requirement to determine whether alternative accommodation reasonably equivalent to the suit premises was available to the tenants; since such accommodation was not available, repossession could not be ordered solely on landlord's hardship.

Court Disposition

appeal allowed

Orders

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