Mzirai v. Mvungi Misc. Civ. App. 1-A-1972; 30/3/72; Bramble, J.

 Mzirai v. Mvungi Misc. Civ. App. 1-A-1972; 30/3/72; Bramble, J.

The Rent Tribunal assessed the standard rent of premises on the basis of the government valuer’s Report. The landlord complained that the Tribunal should have fixed the standard rent exclusive of water and electricity.

            Held: (1) “The appellant had an opportunity but led no evidence to challenge the valuer’s estimate and recommendation …… The written evidence is very short and I cannot find where the appellant made the statement attributed to him. He does not dispute it and his complaint is that subsequently tenants took advantage of the facilities and the charges for water and electricity have increased excessively within a short period. It is not that the amount fixed at the time was unjust. His remedy lies in Section 4(6) of the Rent Restriction Ordinance which reads: - “This Tribunal shall have power on the application of a landlord or tenant or of its own motion to give further consideration on fresh evidence to the amount of standard rent of any premises, and made a further determination on assessment in accordance with subsection (1) or (2).” “Section 11 of the Rent Restriction Act provides that a decision or determination by the Tribunal shall be final and conclusive provided that an appeal may be made to the High Court on any point of law or of mixed fact and law in the grounds of appeal and must dismiss it as being incompetent.” (3) Appeal dismissed.