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Tanzania decisions
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The High Court at Mbeya dismissed an appeal against refusal to extend time, holding the alleged tribunal illegality was not apparent on the face of the record.
The 1st appellant admitted occupation of the suit premises after expiry of the tenancy agreement, making him a trespasser. The tribunal correctly awarded rent arrears and general damages. The decree's defect was clerical and correctable, not warranting nullification of the judgment or decree. No prejudice was shown to the appellant.
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The High Court held the defendants liable for part of the claimed rent arrears, limited the award by limitation and pleadings, and ordered vacant possession for two defendants.
The dispute was resolved by consent, with parties agreeing on the outstanding construction costs, recovery period, rent terms, refund mechanism, and mutual release of further claims. The consent judgment is binding and enforceable against either party in case of default.
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The Memorandum of Understanding (MOU) was a letter of intent and not an enforceable contract, as its terms were never executed or incorporated into a revised lease agreement. The original lease agreement dated 13 June 2012, which provided for rent to be offset against a TZS 95,000,000 loan, remained valid and binding. The defendant was not in arrears, as the rent had already been covered by the loan, and the plaintiff failed to prove his claims on the balance of probabilities.
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Interpleader suit over rent arrears for Plot No. 747/39 in Dar es Salaam. The court held Bay Investment Limited was the rightful recipient under an adjusted decree.
The Court of Appeal held that the land and rent arrears suit was time barred, so the High Court lacked jurisdiction. The appeal was struck out with costs.
The High Court held that a landlord-tenant relationship existed despite the absence of a valid written lease, and ordered eviction and rent arrears.
The High Court dismissed a land appeal over rent arrears, upholding liability under lease agreements and rejecting belated objections to evidence.
The High Court dismissed a land appeal over rent arrears, holding the appellant was bound by the lease agreements and could not raise new evidentiary objections on appeal.
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