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Tanzania decisions
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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 court finds that the relief sought is equitable and necessary to preserve perishable goods, and that the modality of removal is a joint responsibility of both parties. The applicant is granted access and removal rights for three months in an orderly and accountable manner, with the respondent required to remove any restrictions.
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The High Court dismissed a land dispute over business huts at Mikumi, holding the plaintiffs had only limited occupation rights and that the council lawfully claimed rent.
The pleadings implicate the 1st and 2nd defendants in the dispute, and the objection does not meet the criteria for a valid preliminary objection as it is not purely on a point of law.
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The plaintiff breached the lease by failing to pay rent, became a trespasser after the lease was terminated, and was lawfully evicted. The 1st defendant is entitled to recover unpaid rent. The plaintiff is not entitled to any reliefs or compensation for eviction.
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The High Court held that the plaintiffs were lawful tenants who improved the land and were entitled to compensation after acquisition, but dismissed a claim for specific damages.
The plaintiffs failed to prove the existence of a lawful tenancy agreement with the 1st defendant at Sokobati/Magomeni 'B' Market. The evidence only established expired tenancy agreements at Sabasaba Market, with no proof of transfer or new agreements for Sokobati/Magomeni 'B' Market. Inconsistencies in pleadings and testimony, and lack of documentary evidence, led to the conclusion that no tenancy relationship existed at the disputed premises.
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The appellant failed to prove fraud in the lease agreement, was in unlawful occupation after expiry of lease, was served sufficient notice, and is not entitled to compensation for eviction or loss.
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Second appeal over a disputed business frame on public road reserve land. The High Court held neither party proved ownership and ordered refund of renovation costs.
The respondent failed to prove ownership of the suit land, which is an open space belonging to Ilala Municipal Council, and the tenancy agreement was void as the respondent was not the owner. The tribunal's judgment and decree were quashed and set aside.
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