19960216 TZHC Dar es Salaam

19960216 TZHC Dar es Salaam

The appellant was neither the owner nor the tenant of the respondent, so the protection of section 25(1)(i) does not apply. The restoration of the respondent's application was not in accordance with the mandatory thirty-day period under Regulation 6(2), and the Tribunal erred in treating this as a curable error.

Citation
19960216 TZHC Dar es Salaam
Parties
Appellant: Tabia Mzee; Respondent: Aslam Khan
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 February 1996
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal partly allowed
Legal Topics
Tenancy Termination, Restoration of Dismissed Applications, Compliance With Statutory Procedure
Source Language
English
Land Law Tenancy Law Civil Procedure Tenancy Termination Restoration of Dismissed Applications Compliance With Statutory Procedure

Case Brief

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Parties

Tabia Mzee

Appellant

Aslam Khan

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the requirements of section 25(1)(i) of the Rent Restriction Act, 1984 were complied with by the Regional Housing Tribunal
  2. 2 Whether failure to comply with Regulations 5 and 6 of the Regional Housing Tribunal Regulations, 1990 was a curable error

Ratio Decidendi

The appellant was neither the owner nor the tenant of the respondent, so the protection of section 25(1)(i) does not apply. The restoration of the respondent's application was not in accordance with the mandatory thirty-day period under Regulation 6(2), and the Tribunal erred in treating this as a curable error.

Court Disposition

appeal partly allowed

Orders

  • Appeal succeeds on the ground of procedural non-compliance regarding restoration of application.
  • No order as to costs.