PASILD MBOYA edited2

PASILD MBOYA edited2

The sublease was invalid for lack of written consent from the lessor as required by law; the outstanding rent is to be calculated at the contractual rate from 1st November 2021, not at the market rate; procedural irregularities did not vitiate the proceedings; removal of goods and final orders were proper as temporary injunctions do not preclude final relief.

Citation
PASILD MBOYA edited2
Parties
1st Appellant: Pasilidi Michael Mboya; 2nd Appellant: Theophan Pantalei Severin; Respondent: Philoteo Daniel Tango
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
7 November 2024
Procedural Posture
Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal dismissed in grounds 1, 3, 4, and 5; partly allowed in ground 2.
Legal Topics
Lease and Sublease, Breach of Contract, Probate and Administration, Procedural Irregularities, Rent Recovery
Source Language
English
Land Law Civil Procedure Lease and Sublease Breach of Contract Probate and Administration Procedural Irregularities Rent Recovery

Case Brief

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Parties

Pasilidi Michael Mboya

1st Appellant

Theophan Pantalei Severin

2nd Appellant

Philoteo Daniel Tango

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the sublease by the 1st appellant to the 2nd appellant was valid without written consent of the lessor
  2. 2 Whether the trial Tribunal erred in ordering payment of rent without considering the agreed amount and duration
  3. 3 Whether procedural irregularities at the Ward and District Tribunal vitiated the proceedings

Ratio Decidendi

The sublease was invalid for lack of written consent from the lessor as required by law; the outstanding rent is to be calculated at the contractual rate from 1st November 2021, not at the market rate; procedural irregularities did not vitiate the proceedings; removal of goods and final orders were proper as temporary injunctions do not preclude final relief.

Court Disposition

Appeal dismissed in grounds 1, 3, 4, and 5; partly allowed in ground 2.

Orders

  • Outstanding rent to be calculated from 1st November 2021 at TZS 1,200,000 per annum with deduction for construction costs as per contract.
  • Each party to bear its own costs.