The Appellant, was an employee of the now defunct Tanzania
Wildlife Corporation (TAWICO). By virtue of her position in TAWICO, she was
given a residential house. She became a service tenant in the sense that her
house rent was directly deducted from her salary. Following the dissolution of
TAWICO, the current Respondent (TBA) took over all the assets of the former, including
the residential premises occupied by the Appellant but the Appellant could not
pay a house rent as was the case originally. Given the failure to pay the said
house rent, TBA gave notice to the Appellant to vacate the premises and deliver
vacant possession. She resisted and filed a case before the Arusha District
Land and Housing Tribunal at Arusha. She was unsuccessful. The Tribunal’s
judgment to that effect was delivered on 6th March 2008
followed by a decree dated 14th March 2008. The conflicting
dates between the date of judgment and that of a decree forms the basis of one
of the grounds of appeal as it is alleged that it contravenes the mandatory
provisions of Order XX rule 7 of the Civil Procedure Code (the CPC). The
Appellant’s first appeal before the High Court of Tanzania at Arusha was again,
unsuccessful. Undaunted, she preferred this second appeal raising one main
ground that the Hon. Judge erred in law and in fact in not finding that Land
Appeal No. 12 of 2008 was incurably defective for being accompanied by a
defective decree.