wilbard mzanila vs hamis hassan 1982 tzhc 22 26 march 1982

wilbard mzanila vs hamis hassan 1982 tzhc 22 26 march 1982

After expiry of valid notice to quit, the appellant became a tenant at sufferance liable for rent at the original agreed rate, and the respondent was entitled to vacant possession; arrears and mesne profits are calculated at the original rent due to lack of agreement on increase.

Citation
wilbard mzanila vs hamis hassan 1982 tzhc 22 26 march 1982
Parties
Appellant: Wilbard M Zanila; Respondent: Hamis Hassan
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 March 1982
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed with variation
Legal Topics
Arrears of Rent, Vacant Possession, Tenancy at Sufferance, Mesne Profits, Notice to Quit
Source Language
English
Landlord and Tenant Contract Arrears of Rent Vacant Possession Tenancy at Sufferance Mesne Profits Notice to Quit

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Parties

Wilbard M Zanila

Appellant

Hamis Hassan

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant was liable for arrears of rent and at what rate
  2. 2 Whether the respondent was entitled to vacant possession
  3. 3 Effect of notice to quit on tenancy status

Ratio Decidendi

After expiry of valid notice to quit, the appellant became a tenant at sufferance liable for rent at the original agreed rate, and the respondent was entitled to vacant possession; arrears and mesne profits are calculated at the original rent due to lack of agreement on increase.

Court Disposition

appeal dismissed with variation

Orders

  • Appellant to pay shillings 600 as arrears and mesne profits
  • Vacant possession would have been ordered if appellant had not vacated