The parties entered into a lease agreement where the applicant leased his premises to the Respondent to operate a bar business. Apart from the monthly rent of Tshs. 10,000/= for two rooms, each room at Tshs. 5,000/= per month, the two parties agreed for the Respondent would construct toilet facilities in the premises, and that the cost of construction would be deducted from the monthly rent. The Respondent advanced the applicant amounts of money so that the construction could be carried out, but the applicant did not spend the money for the agreed purpose. The toilet was therefore not built, and when the Respondent inquired the reason, the applicant locked up the premises, thus preventing the Respondent from doing business.
The accumulated loss amounted to Tshs. 4,896,000/= and the Respondent sued for the amount in the District Land and Housing Tribunal for Tabora. The Tribunal found in favour of the Respondent but reduced the decretal amount to Tshs. 364,000/= only. The Tribunal ordered the applicant to open the premises which he had locked up so that the Respondent takes away his personal property locked therein. The Tribunal also condemned the applicant to costs. The applicant was aggrieved by the judgment and decree of the Tribunal and he preferred an appeal to the High Court of Tanzania, Land Division, at Tabora. The High Court also found for the Respondent and dismissed the appeal with costs to the Respondent. Undeterred, the applicant filed the second appeal.