Karmali and Another v. Constantnides. Misc. Civ. App. 1-A-70; 13/10/70; Bramble J.

Karmali and Another v. Constantnides. Misc. Civ. App. 1-A-70; 13/10/70; Bramble J.

The appellants were tenants of a flats in house owned by the respondent, on paying Shs. 350/- and the other Shs. 500/- per month as rent. The Rent Tribunal of Arusha visited the flats and found that the rent paid was high. The Tribunal stated that they considered all factors with the help of the Regional Engineer to come to a finding that the combined rent of Shs. 850/- be reduced to Shs. 500/-. The tribunal apportioned the rent between the appellants to read Shs. 300/- and Shs. 200/- respectively. In 1959 the two flats were rent as one at Shs. 325/- per month. The respondent claimed that she built the house at great cost and rented the flat cheaply at first as she was in need of money.

            Held: (1) “IT was not in dispute that the first letting of the premises in question 4(1) of the Rent Restriction Act applies. The standard rent is a rent determined by the Tribunal to be the rent at which the premises were let at presented date, i.e. 1^st July, 1959. The Tribunal did not apply the law, as was its duty, and determine what the rent was on the 1^st July, 1959. it was not questioned that this was Shs. 325/- per month for the whole flat. The tribunal was of the opinion that a rent of Shs. 325/- was not equitable and it was not bound by it. The only discretion given to the Tribunal is by section 4(2) (a) of the act which is as follows: - [His Lordships set out the provisions of the section and continued]……. “Special circumstances for the purposes of this paragraph have been fully of special circumstances to warrant an increase in the standard rent. The respondent led no evidence on this point. The tribunal purported to act on information gathered on inspection. The case of Fatehal Ali Peera v. Onoretis Dilla Santa (1968) H.C.D. 414 decided by Georges C.J. is in point. After quoting several authorities he held that:-

The Tribunal may not base its decision in information gained through its regular work or expertise, unless it is put before the parties rebuttal or modification should they desire (and be able) to do so.

The Tribunal had no power or right to increase the rent as it was on the prescribed date.” (2) “For these reasons I must allow the appeal with costs and order that the standard rent of the flat be Shs. 325/- per month, the rents for the two portion being Shs. 195/- and Shs. 130/- per month effective from 1^st February, 1970.”