reginald bugeraha vs kariakoo market corporation 4 others 2023 tzhclandd 16749 31 may 2023

reginald bugeraha vs kariakoo market corporation 4 others 2023 tzhclandd 16749 31 may 2023

The appellant was the lawful tenant only until 28/10/2016 as per the lease agreement; there was no evidence that the 1st respondent leased the premises to the 2nd to 5th respondents; the appellant cannot be reinstated as the lease expired and was not renewed; the trial tribunal's findings were justified and the appeal lacks merit.

Citation
reginald bugeraha vs kariakoo market corporation 4 others 2023 tzhclandd 16749 31 may 2023
Parties
Appellant: Reginald Bugeraha; 1st Respondent: Kariakoo Market Corporation; 2nd Respondent: Japhet Yona Mzava; 3rd Respondent: Albert Turuka; 4th Respondent: Joyce Kam Buga; 5th Respondent: Selemani Msofe
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
31 May 2023
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Lease Agreement, Breach of Contract, Trespass, Reinstatement, Damages
Source Language
English
Land Law Contract Law Lease Agreement Breach of Contract Trespass Reinstatement Damages

Case Brief

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Parties

Reginald Bugeraha

Appellant

Kariakoo Market Corporation

1st Respondent

Japhet Yona Mzava

2nd Respondent

Albert Turuka

3rd Respondent

Joyce Kam Buga

4th Respondent

Selemani Msofe

5th Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant was the lawful tenant until 03/02/2016 or 28/10/2016
  2. 2 Whether the 1st respondent breached the lease agreement by allowing others into the premises
  3. 3 Whether the appellant is entitled to reinstatement and damages

Ratio Decidendi

The appellant was the lawful tenant only until 28/10/2016 as per the lease agreement; there was no evidence that the 1st respondent leased the premises to the 2nd to 5th respondents; the appellant cannot be reinstated as the lease expired and was not renewed; the trial tribunal's findings were justified and the appeal lacks merit.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed in its entirety with costs