african marble company limited amc vs tanzania saruji corporation tsc 2005 tzca 87 1 january 2005
The Court found that the applicant had established wrongful retention of its machinery by the respondent, warranting delivery of the property and reassessment of damages by the High Court.
Source-derived case information.
- Citation
- african marble company limited amc vs tanzania saruji corporation tsc 2005 tzca 87 1 january 2005
- Parties
- Applicant: African Marble Company Limited (AMC); Respondent: Tanzania Saruji Corporation (TSC)
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2005
- Procedural Posture
- Civil Application / Ruling on Application to Set Aside or Review Judgment
- Outcome
- Application partly allowed
- Legal Topics
- Review of Judgment, Damages, Wrongful Retention of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
African Marble Company Limited (AMC)
Applicant
Tanzania Saruji Corporation (TSC)
Respondent
Procedural Posture
Civil Application / Ruling on Application to Set Aside or Review Judgment
Legal Issues
- 1 Whether the judgment in Civil Appeal No. 38 of 1993 should be set aside or reviewed
- 2 Entitlement to damages for wrongful retention of machinery
Ratio Decidendi
The Court found that the applicant had established wrongful retention of its machinery by the respondent, warranting delivery of the property and reassessment of damages by the High Court.
Court Disposition
Application partly allowed
Orders
- Matter remitted to the High Court for reassessment of general damages as a direct and probable consequence of the retention of the machinery.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE COURT OF APPEAL OF TANZANIA AT DAR ES SALAAM (CORAM: LUBUVA, J.A., MUNUO, J.A., And KAJI, J.A.) CIVIL APPLICATION NO. 8 OF 2005 AFRICAN MARBLE COMPANY LIMITED (AMC) ……………………… APPLICANT VERSUS TANZANIA SARUJI CORPORATION (TSC) ………………….…….. RESPONDENT (Application die XIEEWXRUIB ID RGW HYSFNWBR bs ieswe of the Court of Appeal of Tanzania at Dar es Salaam) (Omar, Mnzavas, Mfalila, JJJA) dated the 9th day of November, 1994 in Civil Appeal No. 38 of 1993 --------- RULING OF THE COURT LUBUVA, J.A.: By notice of motion, the Court is being moved for an order thqt the judgment of the Court in Civil Appeal No. 38 of 1993 id 7,11,1999, In order to appreciate the sequence of events, we think, it is instructive to set out briefly the background giving rise to the application f> In High Court Civil Case No. 89 of 1987, the applicant, African Marble Company Limited, successfully sued the respondent, Tanzania Saruji Corporation Limited. The High Court found that the respondent had wrongfully retained the machinery and equipment belonging to the appellant which it was ordered to be delivered to the applicant. The trial High Court also awarded the applicant 10,000/= damages. Dissatisfied, the applicant instituted Civil Appeal No. 38 of 1987 in this Court where the appeal was partly allowed with r3gard to damages. The Court remitted the matter to the High Court with direcdtion for a re-assessment of general damages as a direct and probable consequence of the retention of the machinery.