20151120 TZHC Dar es Salaam

20151120 TZHC Dar es Salaam

The award of Tshs. 14,400,000/= was not supported by documentary evidence; only Tshs. 11,000,000/= was admitted as owed by the appellant. Interest at bank rate was not justified due to lack of contractual provision; only statutory interest of 7% is awarded. Costs should have been awarded to the successful party due to incurred expenses and lack of justification for denial.

Citation
20151120 TZHC Dar es Salaam
Parties
Appellant/respondent: PRIDE TANZANIA LIMITED; Respondent/appellant: ADAM I. KIMVULI (suing as administrator of the estate of the late ANNA BUNDALA); Respondent/appellant: ZUHURA UBWABWA; Respondent/appellant: B.M. MAKTAUO; Respondent/appellant: ADAM I. KIMVULI; Respondent/appellant: NATIONAL HOUSING CORPORATION
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 November 2015
Procedural Posture
Civil Appeal (consolidated) / Judgment on Appeal From Resident Magistrates' Court
Outcome
Appeal partly allowed; cross-appeal allowed.
Legal Topics
Subtenancy, Outstanding Rent, Interest on Debt, Award of Costs, Burden of Proof
Source Language
English
Civil Procedure Landlord and Tenant Subtenancy Outstanding Rent Interest on Debt Award of Costs Burden of Proof

Case Brief

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Parties

PRIDE TANZANIA LIMITED

Appellant/respondent

ADAM I. KIMVULI (suing as administrator of the estate of the late ANNA BUNDALA)

Respondent/appellant

ZUHURA UBWABWA

Respondent/appellant

B.M. MAKTAUO

Respondent/appellant

ADAM I. KIMVULI

Respondent/appellant

NATIONAL HOUSING CORPORATION

Respondent/appellant

Procedural Posture

Civil Appeal (consolidated) / Judgment on Appeal From Resident Magistrates' Court

Legal Issues

  1. 1 Whether the award of Tshs. 14,400,000/= as outstanding rent was justified
  2. 2 Whether interest at bank rate was properly awarded
  3. 3 Whether the appellant is entitled to refund of payments made to National Housing Corporation

Ratio Decidendi

The award of Tshs. 14,400,000/= was not supported by documentary evidence; only Tshs. 11,000,000/= was admitted as owed by the appellant. Interest at bank rate was not justified due to lack of contractual provision; only statutory interest of 7% is awarded. Costs should have been awarded to the successful party due to incurred expenses and lack of justification for denial.

Court Disposition

Appeal partly allowed; cross-appeal allowed.

Orders

  • Appellant to pay Tshs. 11,000,000/= to the party to the sublet agreement.
  • Statutory interest of 7% awarded from accrual date to judgment date.