shangwe mjema vs keneth william msela another 2018 tzhclandd 542 17 august 2018

shangwe mjema vs keneth william msela another 2018 tzhclandd 542 17 august 2018

The appellant failed to prove entitlement to damages and compensation for breach of contract as required by law. Special damages were not specifically pleaded and proved, and the tribunal lacked jurisdiction over specific damages. The trial tribunal's findings were correct and are upheld.

Citation
shangwe mjema vs keneth william msela another 2018 tzhclandd 542 17 august 2018
Parties
Appellant: Shangwe Mjema; 1st Respondent: Keneth William Msela; 2nd Respondent: Frida Salvatory Kitali
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
17 August 2018
Procedural Posture
Land Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Lease Agreement, Eviction, Special Damages, Burden of Proof, Jurisdiction
Source Language
English
Land Law Contract Law Civil Procedure Lease Agreement Eviction Special Damages Burden of Proof Jurisdiction

Case Brief

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Parties

Shangwe Mjema

Appellant

Keneth William Msela

1st Respondent

Frida Salvatory Kitali

2nd Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the trial Tribunal properly evaluated the evidence on record
  2. 2 Whether the appellant was entitled to damages for breach of lease agreement
  3. 3 Whether the eviction was lawful

Ratio Decidendi

The appellant failed to prove entitlement to damages and compensation for breach of contract as required by law. Special damages were not specifically pleaded and proved, and the tribunal lacked jurisdiction over specific damages. The trial tribunal's findings were correct and are upheld.

Court Disposition

appeal dismissed

Orders

  • The decision of the District Land and Housing Tribunal of Temeke in Land Application No. 258 of 2014 is upheld.
  • No orders as to costs.