na TZHC Mbeya 3

na TZHC Mbeya 3

The District Land and Housing Tribunal was correct in ordering vacant possession as it had no jurisdiction to determine terminal benefits, and there was no counterclaim or evidence that terminal benefits were unpaid. The appellant's right to remain in the premises ended with the termination of employment and liquidation of the employer.

Citation
na TZHC Mbeya 3
Parties
Appellant: Stanslaus Kaunda; Respondent: Gamaliel Kanyala
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 2002
Procedural Posture
Land Case Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Service Tenancy, Terminal Benefits, Eviction, Jurisdiction of Tribunal
Source Language
English
Land Law Employment Law Service Tenancy Terminal Benefits Eviction Jurisdiction of Tribunal

Case Brief

Summary, issues, holding and outcome

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Parties

Stanslaus Kaunda

Appellant

Gamaliel Kanyala

Respondent

Procedural Posture

Land Case Appeal / Judgment

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal erred in not holding the respondent liable to pay terminal benefits to the appellant
  2. 2 Whether the tribunal erred in ordering vacant possession before payment of terminal benefits

Ratio Decidendi

The District Land and Housing Tribunal was correct in ordering vacant possession as it had no jurisdiction to determine terminal benefits, and there was no counterclaim or evidence that terminal benefits were unpaid. The appellant's right to remain in the premises ended with the termination of employment and liquidation of the employer.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs