Kaderbhai v. The Rent Tribunal Tanga and Northern Province Press Misc. Civ. App. 1-A-70; 17/7/71; Bramble J.

Kaderbhai v. The Rent Tribunal Tanga and Northern Province Press Misc. Civ. App. 1-A-70; 17/7/71; Bramble J.

            This is an appeal against the decision of the Tanga Rent Tribunal reducing the rent of certain premises on an application fix standard rent. The evidence available from the parties was insufficient, but the tribunal visited the premises and from its own observations found that although the building was in a good state it was an old building. Rent was then reduced from Shs. 1,100/- per month to Shs. 900/- per month.

                        Held: (1) “Before the Tribunal could go into the question of standard rent it must determine whether the premises are commercial premises or a dwelling house. It did not direct its mind to this question and so the fixing of the rent in this case was not legal. The tribunal brushed aside all the requirements to ascertain standard rent and proceeded to reduce the existing rent and, this too, on facts from its own observation rather than facts adduced in evidence. It is true that Section 6(b) of the Amending Act gave the Tribunal the power to reduce rent. It provides that: - in the case of any premises in existence prior to the commencement of the act and in regard to which the Tribunal is satisfied that having regard to the age or other circumstances relating to the premises it is reasonable to reduce the amount of the standard rent as ascertained in accordance with subsection (1) of the Tribunal may reduce the standard rent of such premises to such amount as it shall in all the circumstances, consider reasonable. It is clear that before there can be any reduction the standard rent must first be ascertained. I must add, as have been repeatedly stated, that Tribunal must not act on fact s within its own knowledge but may draw out such facts from the evidence of witnesses which will submitted to the usual legal process. If neither party can test by cross examination a certain fact or have an opportunity to put opposing facts how can it be held against him?” (2) Appeal allowed.