The Appellant herein was also the Appellant before the High
Court of Tanzania at Arusha after being dissatisfied with the decision of the
Housing Appeals Tribunal of Tanzania at Arusha. In its decision, the Appeals
Tribunal had dismissed the appeal raised by the Appellant. Earlier on, he had
been unsuccessful in Application No. 45 of 2003 before the then Regional
Housing Tribunal of Arusha, at Arusha. In its decision, the Appeals Tribunal
held that the Appellant was a rent defaulter and was, as ordered by the trial
Tribunal, to vacate the suit premises as well as pay rent arrears. Still
dissatisfied, the Appellant filed an appeal before the High Court, Civil Appeal
No. 1 of 2006, where, again he lost. He has now preferred this appeal. In the
course of hearing this appeal, some matters were realised by the Court suo
motu, matters that may determine the appeal before us at this early stage.
One such matter was whether the judgment of the Appeals Tribunal, dated 30
September 2005 has ever been delivered in the presence of the parties.