rekha n kanabar vs mzumbe university and another 2020 tzhc 1222 5 may 2020

rekha n kanabar vs mzumbe university and another 2020 tzhc 1222 5 may 2020

The eviction was illegal due to lack of notice as required by law, but the Plaintiff failed to strictly prove specific losses for special damages. The Plaintiff is entitled to general damages for mental anguish and trauma caused by the illegal eviction.

Citation
rekha n kanabar vs mzumbe university and another 2020 tzhc 1222 5 may 2020
Parties
Plaintiff: Rekha N. Kanabar; 1st Defendant: Mzumbe University; 2nd Defendant: Majembe Auction Mart
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 May 2020
Procedural Posture
Civil Case / Judgment
Outcome
Suit partly allowed
Legal Topics
Eviction, Trespass, Damages, Tenancy Termination, Procedural Fairness
Source Language
English
Property Law Landlord and Tenant Law Tort Law Eviction Trespass Damages Tenancy Termination Procedural Fairness

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Parties

Rekha N. Kanabar

Plaintiff

Mzumbe University

1st Defendant

Majembe Auction Mart

2nd Defendant

Procedural Posture

Civil Case / Judgment

Legal Issues

  1. 1 Whether the eviction of the Plaintiff was lawful
  2. 2 Whether the Plaintiff lost property valued at USD 148,168 and TShs. 10,800,000 during eviction
  3. 3 What reliefs the parties are entitled to

Ratio Decidendi

The eviction was illegal due to lack of notice as required by law, but the Plaintiff failed to strictly prove specific losses for special damages. The Plaintiff is entitled to general damages for mental anguish and trauma caused by the illegal eviction.

Court Disposition

Suit partly allowed

Orders

  • Declaration that the eviction was illegal
  • Award of TShs. 20,000,000 as general damages to the Plaintiff