tausi abdallah vs ebehard moyo 2012 tzhc 136 5 august 2012
The respondent breached the tenancy agreement by installing a saw mill machine and demolishing inner walls without the appellant's consent, contrary to the express terms of the written contract, and the District Land Tribunal erred in holding otherwise.
- Citation
- tausi abdallah vs ebehard moyo 2012 tzhc 136 5 august 2012
- Parties
- Appellant: Tausi Abdallah; Respondent: Ebehard Moyo
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 5 August 2012
- Procedural Posture
- Land Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Breach of Tenancy Agreement, Consent in Contracts, Alteration of Leased Premises
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Tausi Abdallah
Appellant
Ebehard Moyo
Respondent
Procedural Posture
Land Appeal / Judgment
Legal Issues
- 1 Whether installation of a saw mill machine constituted breach of the tenancy agreement
- 2 Whether demolition of inner walls without consent amounted to breach of agreement
- 3 Whether the tribunal relied on evidence not on record
Ratio Decidendi
The respondent breached the tenancy agreement by installing a saw mill machine and demolishing inner walls without the appellant's consent, contrary to the express terms of the written contract, and the District Land Tribunal erred in holding otherwise.
Court Disposition
appeal allowed
Orders
- District Land Tribunal decision set aside
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment