prime properties limited vs national housing corporation 2022 tzhclandd 12521 3 october 2022

The applicant's affidavit raises triable issues regarding non-payment of rent due to alleged inhabitable apartments and jurisdiction, entitling the applicant to leave to defend the suit.

Citation: prime properties limited vs national housing corporation 2022 tzhclandd 12521 3 october 2022
Parties: Applicant/defendant: Prime Properties Limited; Respondent/plaintiff: National Housing Corporation
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 3 October 2022
Procedural Posture: Misc Land Application / Ruling on Application for Leave to Defend
Outcome: Application granted
Legal Topics: Summary Procedure, Leave to Defend, Lease Agreement, Jurisdiction
Source Language: English

Civil Procedure Land Law Summary Procedure Leave to Defend Lease Agreement Jurisdiction

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Parties

Prime Properties Limited

Applicant/defendant

National Housing Corporation

Respondent/plaintiff

Procedural Posture

Misc Land Application / Ruling on Application for Leave to Defend

Legal Issues

1 Whether the applicant has demonstrated triable issues to warrant leave to defend the suit
2 Whether frustration of the lease agreement releases the applicant from payment of rent
3 Whether the court has pecuniary jurisdiction over the matter

Ratio Decidendi

The applicant's affidavit raises triable issues regarding non-payment of rent due to alleged inhabitable apartments and jurisdiction, entitling the applicant to leave to defend the suit.

Court Disposition

Application granted

Orders

Applicant is granted leave to file defence in the main suit
Costs to be in the cause