20010419 TZHC Dar es Salaam

20010419 TZHC Dar es Salaam

The order for the appellant to pay electricity and water bills was improper as these were neither pleaded nor made an issue at trial, causing injustice to the appellant. Other grounds of appeal lacked merit.

Source-derived case information.

Citation
20010419 TZHC Dar es Salaam
Parties
Appellant: Tino R. Shempemba; Respondent: C. M. Temba
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 April 2001
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal dismissed with costs except for the ground regarding utilities, which was upheld.
Legal Topics
Pleadings, Rent Arrears, Utilities Payment, Appeal Grounds, Procedural Fairness
Source Language
english
Landlord and Tenant Civil Procedure Pleadings Rent Arrears Utilities Payment Appeal Grounds Procedural Fairness

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. M. Temba

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether abandonment of appeal grounds by counsel 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 made an issue at trial
  3. 3 Whether the procedure for raising rent was followed under the Rent Restriction Act, 1984

Ratio Decidendi

The order for the appellant to pay electricity and water bills was improper as these were neither pleaded nor made an issue at trial, causing injustice to the appellant. Other grounds of appeal lacked merit.

Court Disposition

Appeal dismissed with costs except for the ground regarding utilities, which was upheld.

Orders

  • Appeal dismissed with costs except for the order to pay electricity and water bills, which is set aside.