Sianga v. Kamlabeni Misc. Civ. App. 3-A-71; 19/7/71;

Sianga v. Kamlabeni Misc. Civ. App. 3-A-71; 19/7/71;

This is an appeal against the decision of the Rent Triabunal at Moshi on the ground that the Tribunal had no jurisdiction to determine standard rent because the suit premises were four miles outside Moshi Township.

            Held: (1) [After referring to ss. 5 and 6 the Rent Restriction Act and s. 17 of the Rent Tax Act]. “I interpret these sections to mean that when the Tribunal sits with all members, who are appointed generally, it has jurisdiction to determine any matter arising out of the Rent Restriction act in any rent restriction are. When it consists partly or wholly of members appointed for any rent restriction area or areas it can only determined matters within that area or areas. The effect of the Rent Tax act is that the general

Jurisdiction of the Tribunal is extended to areas outside the rent restriction areas. The extension does not apply to members who are given limited jurisdiction. When the composition of meeting of the Tribunal includes members with jurisdiction in specific areas it will have no power under the Rent Tax Act to determine matters outside these areas.” (2) “It appears to me, therefore, that since the principles of fixing the standard rent of premises outside rent restriction areas for the purposes of the Rent Tax Act are identical with these under the Rent Restriction act the Tribunal in the present case will have jurisdiction to determine the standard rent if the premises were proved to be outside Moshi township and the members of the Tribunal were appointed generally by the Minister. There was nothing on the record from which the Tribunal could made a finding on any of these questions and I will allow the appeal with costs and remit the matter to the Tribunal with directions that it determine the matter according to law.”