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Tanzania decisions
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The High Court of Zanzibar rejected an appeal from the Rent Restriction Board, holding that the case was barred by res judicata and that dismissal, not stay, was proper.
The High Court for Zanzibar allowed an appeal from the Rent Restriction Board, finding the proceedings a nullity for procedural irregularities, invalid quorum, and no shown majority vote.
The Dar es Salaam Regional Housing Tribunal retained jurisdiction over Application No. 569 of 1996 as the suit was filed before the 1st Appellant was declared a Specified Public Corporation, and the subsequent legislation did not have retrospective effect. The award of damages was based on pleadings and evidence, but the quantum of interest and general damages was excessive and reduced accordingly.
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The District Court lacked jurisdiction to entertain the matter as jurisdiction was vested in the Regional Housing Tribunal under the Rent Restriction Act at the material time. The proceedings and judgment of the District Court are therefore null and void.
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The High Court held that the primary court and District Court lacked jurisdiction over a landlord-tenant dispute governed by the Rent Restriction Act and quashed both proceedings.
The Court of Appeal quashed Rent Restriction Board proceedings because panel members changed between hearings and the record did not show a valid majority decision.
The High Court upheld eviction orders, finding the respondent reasonably required the premises for his own occupation and no alternative accommodation was required.
The High Court held that landlord-tenant disputes under the Rent Restriction Act, 1984 fall within the Regional Housing Tribunal, so the lower courts lacked jurisdiction.
The High Court held that a Resident Magistrate's Court lacked jurisdiction over a tenancy dispute in a rent restriction area, so the proceedings were a nullity.
The High Court upheld the District Court’s jurisdiction over a service-tenancy dispute involving TANESCO premises and dismissed the appeal, holding JUWATA could not order reinstatement.
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