19821123 TZHC Dar es Salaam

19821123 TZHC Dar es Salaam

The appellant, as landlady, provided reasonably equivalent alternative accommodation and is governed by the leadership code, which prevents her from renting the premises. The contract of tenancy is frustrated, entitling her to vacant possession.

Citation
19821123 TZHC Dar es Salaam
Parties
Appellant: Sofia Ramadhani; Respondent: Lbashiri Abdi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 November 1982
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Vacant Possession, Alternative Accommodation, Leadership Code, Frustration of Contract
Source Language
English
Landlord Tenant Contract Law Vacant Possession Alternative Accommodation Leadership Code Frustration of Contract

Case Brief

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Parties

Sofia Ramadhani

Appellant

Lbashiri Abdi

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant is entitled to vacant possession of the suit premises
  2. 2 Whether the appellant provided reasonably equivalent alternative accommodation to the respondent
  3. 3 Whether the leadership code prevents the appellant from renting the premises

Ratio Decidendi

The appellant, as landlady, provided reasonably equivalent alternative accommodation and is governed by the leadership code, which prevents her from renting the premises. The contract of tenancy is frustrated, entitling her to vacant possession.

Court Disposition

appeal allowed

Orders

  • Respondent to vacate the suit premises within three months from the date of judgment
  • Respondent to pay all rents owing up to the time of vacating the premises