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Tanzania decisions
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The High Court granted leave to appeal, certifying that points of law arose about Primary Court jurisdiction in a rent claim and the award of ownership.
The Court of Appeal held that respondents holding a life interest in rents were landlords under the Rent Restriction Act and could evict the tenant.
The claims arise from the landlord-tenant relationship and are governed by the Rent Restriction Act, 1984. The Regional Housing Tribunal is the proper forum as it is the lowest competent tribunal to try the suit. The High Court's jurisdiction is not ousted, but the suit must commence at the Tribunal.
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The trial tribunal erred in dismissing the application solely because the tenancy agreement was unstamped without giving the party an opportunity to pay the requisite stamp duty and penalty. Section 21 of the Rent Restriction Act did not apply as standard rent had not been determined. The appeal was competent without a decree copy.
Source excerpt
The High Court granted certification of an intended appeal and formulated points of law arising from a stay of execution application under the Rent Restriction Act.
Second appeal in a landlord-tenant dispute over eviction, notice to quit, and breach of tenancy. The Court of Appeal dismissed the appeal with costs.
The High Court allowed the landlord’s appeal, holding that the respondent was a trespasser after the original tenant left and was not protected by the Rent Restriction Act.
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.
Source excerpt
The High Court held that this pre-Act housing dispute should be disposed of by the Resident Magistrate’s Court, despite possible transfer to the Regional Housing Tribunal.
The High Court allowed a tenant’s appeal, holding that vacant possession could not be granted without concrete evidence that alternative accommodation was available.
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