Mwantanga binti Selemani v. Douglas Jay Meeleck, Misc. Civ. App. 8-D-68, Duff J.

Mwantanga binti Selemani v. Douglas Jay Meeleck, Misc. Civ. App. 8-D-68, Duff J.

This is an appeal by a landlord against the decision of the Rent Tribunal by which rents in respect of rooms in a dwelling house situate in Dar es Salaam were fixed on the application of the tenants. Appellant contended that no standard rents were fixed and that, before the tribunal could alter the amount of the standard rent, a finding had to be made as to what constituted the standard rent.

            Held: (1) Where the evidence for ascertaining the standard rent is insufficient, a figure ought to be determined based on the standard rent of similar premises in the neighborhood. (2) The discretionary power to alter the amount of the standard rent must be exercised judicially. This discretion cannot be exercised until the amount of the standard rent has been ascertained in accordance with the provisions of s. $(1), Rent Restriction Act. (Citing Hammond v. Wales, 19 E.A.C.A. 209 and Blandina v. Patel, (1963) E.A. 485). Appeal allowed. No order made as to repairs.