wilbert mzania vs hamis hassan 1980 tzhc 8 1 december 1980

wilbert mzania vs hamis hassan 1980 tzhc 8 1 december 1980

After expiry of valid notice, appellant became tenant on sufferance; rent remained at original agreed rate as no consensus for increase; respondent entitled to arrears at original rate and vacant possession.

Source-derived case information.

Citation
wilbert mzania vs hamis hassan 1980 tzhc 8 1 december 1980
Parties
Appellant: Wilbard Mzanila; Respondent: Hamisi Hassan
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 December 1980
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed with variation
Legal Topics
Arrears of Rent, Vacant Possession, Tenancy Termination, Mesne Profits
Source Language
english
Landlord and Tenant Contract Law Arrears of Rent Vacant Possession Tenancy Termination Mesne Profits

Source-derived case record

Summary, issues, holding and outcome

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Parties

Wilbard Mzanila

Appellant

Hamisi Hassan

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant was a tenant after expiry of notice
  2. 2 What rent was applicable after notice expiry
  3. 3 Whether respondent was entitled to vacant possession

Ratio Decidendi

After expiry of valid notice, appellant became tenant on sufferance; rent remained at original agreed rate as no consensus for increase; respondent entitled to arrears at original rate and vacant possession.

Court Disposition

appeal dismissed with variation

Orders

  • Respondent to be paid shillings 600/-
  • Vacant possession would have been ordered if appellant had not vacated