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Tanzania decisions
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There was no evidence before the trial court on the issue of reasonableness, but the appellate court, having all material facts and noting the local authority's notice of demolition, found it reasonable to order recovery of possession.
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The respondent failed to prove the appellant was aware of the new rent, and the trial court erred by not considering the reasonableness of ordering vacant possession. The appeal is allowed.
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The trial magistrate misdirected himself on the burden of proof regarding alternative accommodation and reasonableness. The landlord failed to prove that alternative accommodation was available to the tenants. Given the tenants' lack of alternative accommodation, it was unreasonable to order possession in favor of the landlord.
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