19820705 TZHC Tanga

19820705 TZHC Tanga

The respondent was entitled to sue as notice of assignment was constructively given; the notice to vacate was sufficient to terminate the tenancy; evidence established that respondent would suffer great hardship if vacant possession was not granted; it was reasonable to make the order for vacant possession and arrears of rent.

Citation
19820705 TZHC Tanga
Parties
Appellant: Salim Omar Gessan; Respondent: Ali Abdallah Saidi Omar
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 July 1982
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Notice of Assignment, Arrears of Rent, Vacant Possession, Hardship, Termination of Tenancy
Source Language
English
Landlord and Tenant Property Law Civil Procedure Notice of Assignment Arrears of Rent Vacant Possession Hardship Termination of Tenancy

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Parties

Salim Omar Gessan

Appellant

Ali Abdallah Saidi Omar

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether notice of assignment was properly given to the appellant
  2. 2 Whether the respondent was entitled to sue without joining the original owner
  3. 3 Whether the notice to vacate was sufficient to terminate the tenancy

Ratio Decidendi

The respondent was entitled to sue as notice of assignment was constructively given; the notice to vacate was sufficient to terminate the tenancy; evidence established that respondent would suffer great hardship if vacant possession was not granted; it was reasonable to make the order for vacant possession and arrears of rent.

Court Disposition

appeal dismissed

Orders

  • Respondent entitled to arrears of rent Shs 2400/=
  • Respondent entitled to vacant possession of the suit premises