19861111 TZHC Dar es Salaam

19861111 TZHC Dar es Salaam

Consistent and continuous default in payment of rent by the appellant constituted a breach of tenancy agreement, justifying the order of possession in favour of the respondent.

Citation
19861111 TZHC Dar es Salaam
Parties
Appellant: S. Shaudukuru; Respondent: Respondent (unnamed)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 November 1986
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Rent Arrears, Breach of Tenancy, Order of Possession
Source Language
English
Landlord Tenant Contract Rent Arrears Breach of Tenancy Order of Possession

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Parties

S. Shaudukuru

Appellant

Respondent (unnamed)

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant defaulted in payment of rent
  2. 2 Whether the appellant was entitled to retain possession despite arrears
  3. 3 Whether the trial magistrate erred in computation of arrears

Ratio Decidendi

Consistent and continuous default in payment of rent by the appellant constituted a breach of tenancy agreement, justifying the order of possession in favour of the respondent.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed in entirety with costs