sophia omary vs lightness baruti 2014 tzhclandd 23 5 september 2014

sophia omary vs lightness baruti 2014 tzhclandd 23 5 september 2014

The tribunal properly considered the evidence, including the valuation report, and found that construction costs were not yet recovered; professional documents are admissible; no injustice occurred in rejecting appellant's evidence as other applicants testified.

Citation
sophia omary vs lightness baruti 2014 tzhclandd 23 5 september 2014
Parties
Appellant: Sophia Omary; Respondent: Lightness Baruti
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
5 September 2014
Procedural Posture
Land Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Tenancy, Construction Costs, Eviction, Rent Arrears
Source Language
English
Land Law Tenancy Construction Costs Eviction Rent Arrears

Case Brief

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Parties

Sophia Omary

Appellant

Lightness Baruti

Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the trial tribunal failed to consider evidence on construction costs
  2. 2 Whether the tribunal erred by proceeding ex-parte and not consulting appellant in valuation report preparation
  3. 3 Whether the tribunal erred by rejecting appellant's evidence

Ratio Decidendi

The tribunal properly considered the evidence, including the valuation report, and found that construction costs were not yet recovered; professional documents are admissible; no injustice occurred in rejecting appellant's evidence as other applicants testified.

Court Disposition

appeal dismissed

Orders

  • Trial tribunal judgment and decree upheld
  • Appeal dismissed for lack of merits