Date |
Name of the case (or case number) |
The body delivering the decision |
Keywords, topic |
Executive part |
Brief summary |
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Page at the website of the issuing court |
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Unofficial materials, press communications |
November 14. 2022. |
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Supreme Court of Appeal of Tanzania |
Right to conduct a business |
The Supreme Court of Appeal of Tanzania held that lessor legally cancelled the rental contract due to the non-payment of the rental fee during the lockdown period, and he was also entitled to claim the eviction of the property on this ground. However, the Supreme Court did not specify, whether the Covid-19 pandemic amounted to an event of supervening impossibility. |
The Supreme Court of Appeal of Tanzania heard a case concerning the cancellation of a rental contract and an eviction request of the property concerned. The lessee operated a guest house in the property, which could not function during the public health emergency, therefore, lessee did not pay the rental fee during this period. On this ground lessor cancelled the contract and requested the eviction of lessee from the property. The Supreme Court of Appeal held that the cancellation of the contract due to the non-payment of the rental fee was valid, moreover, lessor had a legal basis to request the evacuation of lessee. However, the Supreme Court of Appeal did not specify whether the Covid-19 pandemic amounted to an event of supervening impossibility, this matter was left for the consideration of the high court. |
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https://www.clydeco.com/en/insights/2022/11/supreme-court-of-appeal-confirms-principles-applic |