Azverali Karimjee & Others v. City Council of Dar es Salaam, Civ. App. 4-D-68, 12/5/68, Georges C. J.

Azverali Karimjee & Others v. City Council of Dar es Salaam, Civ. App. 4-D-68, 12/5/68, Georges C. J.

Defendant tenants in the Splendid Hotel building had left the country, leaving an outstanding building bill for sewage services with the Dar es Salaam City Council. Being sued by the Council for the charges, defendants argued that they had not been notified of the outstanding charges until their tenants had left the country, making it impossible for defendant to recover from them. Section 68 of the

Municipalities Ordinance, Cap. 105, makes such charges recoverable by the Council from the owner of premises, in accordance with section 46; this section makes all monies due “recoverable from the owner and occupier jointly and severally … Provided that the owner shall … be entitled to recover from the occupier ..” It also provides for proceedings by the Council “jointly and severally against the owner and occupier” where six weeks have elapsed since “written notice (has) been given by the Council to the owner or occupier of his indebtedness …..”

            Held: (1) The proviso to section 46 merely prescribes that the owner should have notice of his indebtedness before he is sued, in a situation in which he is not normally held responsible for payment. (2) The Council’s normally held responsible for payment. (2) The Council’s right to recover from the owner is not dependent upon the owner’s ability to recoup from the occupier. Defendant’s appeal dismissed.