Mkindi v. Dushoker Misc. Civ. 5-A-70; 16/3/71; Kwikima Ag. J.

 

Mkindi v. Dushoker Misc. Civ. 5-A-70; 16/3/71; Kwikima Ag. J.

This is an appeal against the order of the Arusha Rent Tribunal reducing the rent payable to the appellant by the respondent from Shs. 75/- to Shs. 50/-. The ground of appeal was that the Tribunal had no evidence on which to base its order. The ruling of the tribunal stated: “In the absence of [evidence any [the Tribunal did not accept Shs. 75/- per month as standard rent.

            Held: (1) “This ruling was made after the Tribunal had visited the suit premises and after hearing both sides and offering them opportunity to contradict each other. It cannot be said, with all respect to the appellant, that the Tribunal did not have evidence upon which to base its ruling. Contrary to the submission by counsel for the appellant, the Tribunal had every right to disbelieve the appellant on account of her failure to produce electricity bills. The chairman and members saw her and were in a position to gauge her demeanour. At any rate one cannot say from its ruling that the Tribunal did disbelieve her simply because it reduced the rent. The Tribunal is not supposed to give reasons for its ruling. (2) “With great respect to the Tribunal, the ruling s worded in the most unfortunate manner. For it was not for the appellant who was then the respondent to prove that Shs. 75/-

was justified. It was for the respondent as applicant to prove that Shs. 75/- was excessive rent for the suit premises. The ruling appears to be prejudiced in the tenant’s favour. It is as if the Tribunal was saying. We will grant any tenant/ applicant his prayer unless the landlord/respondent proves that the prayer is unreasonable.” “This cannot be a judicial approach to the matter, really. It is always for those who allege to prove their allegations, be they tenants or landlords.” (3) Case referred back to tribunal for the applicant/respondent to prove that rent was excessive.