tino r shempemba vs c m temba 2001 tzhc 12 19 april 2001

tino r shempemba vs c m temba 2001 tzhc 12 19 april 2001

The order for the appellant to pay electricity and water bills was improper as these were neither pleaded nor made an issue, and the respondent did not provide evidence of the amounts or periods owed. Abandonment of grounds by counsel without client consent is not a valid ground of appeal; remedy lies elsewhere. The...

Source-derived case information.

Citation
tino r shempemba vs c m temba 2001 tzhc 12 19 april 2001
Parties
Appellant: Tino R. Shempemba; Respondent: C. K. Temba
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 April 2001
Procedural Posture
Civil Appeal / Judgment on Appeal From Housing Appeals Tribunal
Outcome
appeal dismissed with costs except for the order on utility bills, which is set aside
Legal Topics
Pleadings, Rent Arrears, Utility Bills, Abandonment of Grounds of Appeal, Rent Increase Procedure
Source Language
english
Landlord and Tenant Civil Procedure Pleadings Rent Arrears Utility Bills Abandonment of Grounds of Appeal Rent Increase Procedure

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Tino R. Shempemba

Appellant

C. K. Temba

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Housing Appeals Tribunal

Legal Issues

  1. 1 Whether abandonment of grounds of appeal by advocate without client consent is a valid ground of appeal
  2. 2 Whether the order to pay electricity and water bills was proper when not pleaded or contested
  3. 3 Whether the procedure for rent increase was followed

Ratio Decidendi

The order for the appellant to pay electricity and water bills was improper as these were neither pleaded nor made an issue, and the respondent did not provide evidence of the amounts or periods owed. Abandonment of grounds by counsel without client consent is not a valid ground of appeal; remedy lies elsewhere. The appellant's challenge to the rent increase procedure fails as he paid the increased rent without objection or seeking assessment.

Court Disposition

appeal dismissed with costs except for the order on utility bills, which is set aside

Orders

  • Order to pay electricity and water bills is set aside
  • Appeal otherwise dismissed with costs