Misc. Civ. App. 2-D-67; 29/A/67
Duff,
J.
Appellent applied to the Rent
Restriction Board for a declaration that the room she occupied was in
residential premises, and for other relief against the respondents. At the time
of the application, the premises had been licensed as a “common lodging house”
by the City Council of Dar es Salaam, but it was not clear whether the licence
had been issued before or after the letting of the premises to appellant.
Because the licence had been issued, however, the Board dismissed the
application for want of jurisdiction.
Held:
“It is obvious that a landlord cannot deprive a tenant
of the protection afforded by the Rent Restriction Act by an unilateral action
on his part, viz. the obtaining of a licence for a common lodging house in
respect of ….. premises which had previously been let …” The matter was
referred to the Resident Magistrate’s Court for a hearing de novo.
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