20140905 TZHC Dar es Salaam2

20140905 TZHC Dar es Salaam2

The tribunal properly considered the valuation report and evidence on construction costs, the ex-parte proceedings and reliance on expert valuation were justified, and the rejection of the appellant's evidence did not result in injustice. The appeal lacked merit and was dismissed.

Citation
20140905 TZHC Dar es Salaam2
Parties
Appellant: Sophia Omary; Respondent: Lightness Baruti
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 September 2014
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Tenancy, Recovery of Construction Costs, Eviction, Valuation of Property
Source Language
English
Land Law Tenancy Recovery of Construction Costs Eviction Valuation of Property

Case Brief

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Parties

Sophia Omary

Appellant

Lightness Baruti

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

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

Ratio Decidendi

The tribunal properly considered the valuation report and evidence on construction costs, the ex-parte proceedings and reliance on expert valuation were justified, and the rejection of the appellant's evidence did not result in injustice. The appeal lacked merit and was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Trial tribunal judgment and decree upheld
  • Right of appeal explained