mhagama vs mbusso 2003 tzhc 15 29 may 200

The court found that the questions of jurisdiction of the Primary Court in rent claims regulated by the Rent Restriction Act and the propriety of the High Court's decision regarding ownership in a rent arrears suit are points of law warranting certification for appeal.

Source-derived case information.

Citation: mhagama vs mbusso 2003 tzhc 15 29 may 200
Parties: Appellant/applicant: Dainess Mhagama; Respondent: Togolani Mbusso
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 1 January 2003
Procedural Posture: Application for Leave to Appeal / Ruling on Application for Leave to Appeal to Court of Appeal
Outcome: application granted
Legal Topics: Jurisdiction of Primary Courts, Rent Arrears, Ownership of Premises, Leave to Appeal
Source Language: english

Civil Procedure Land Law Tenancy Law Jurisdiction of Primary Courts Rent Arrears Ownership of Premises Leave to Appeal

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Dainess Mhagama

Appellant/applicant

Togolani Mbusso

Respondent

Procedural Posture

Application for Leave to Appeal / Ruling on Application for Leave to Appeal to Court of Appeal

Legal Issues

1 Whether the Primary Court at Kimara had jurisdiction in a rent claim regulated by the Rent Restriction Act No. 17 of 1984
2 Whether it was irregular for the High Court to award the respondent the main house in a suit for arrears of rent of a back yard house

Ratio Decidendi

Court Disposition

application granted

Orders

Leave to appeal to the Court of Appeal of Tanzania granted
Each party to bear own costs

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