20010611 TZCA Dar es Salaam

IN THE COURT OF f.PP1AL OF LNJANIA AT DA2 ES SLAJN (COR: RX,10MU J.i' j) CIVIL PPLICJTION NO 63 OF 2000 B[iN CON2OLIDATD HOLDING CORPOPATION, • APPLICANT AND GRACE NDi'ANA. . .

0. RiSP0NDENT • (Application for Review of the Judent of the Court of Appeal of Tanzania at Dodoma) dated the 27th day of June, 2000 in cvilalNoj6of

RULING The applicant 1 the Consolidated Holding Corporation, at the beginning of the hearing of the application applied to amend its name from NBC Holding Corporation to the Consolidate4 Holding Corporation, following the amendment of Act No, 23 of 1997 by Act No. 10 of 2001 changing the name. That was granted and the record ordered to be so rectified, Mr. Rweyongeza, learned advocate, represented the aiplicant while Mr. Njulumi, learned counsel, appeared for the respondent. Mr. Rweyongeza wanted us to review our judgment of 27th June, 2000 specifically on three matters: (1) The Court awarded general damogcs to the respondent while they were not pleaded. (ii) The Court mistakenly awarded interst at bank rate on the general damages ea*12 - and did not say when it should start to run. (iii) The applicant was not given opportunity to show that the respondent was not defamed. Admittedly, the respondent did not pray for general damages but we granted them. However, Mr.Nlumi correctly pointed out that 0 VII 7 provides that general or other relief' may be given as the court thinks fit. So, we were not wrong to make that award. We concede that interest should not have been at bank rate- following the decision of this Court in Saidi Kibwana and General ,e_E,A. Ltd 0 v. 99/ T.L.R. 175 that The rate of interest to be awarded during the period after the judont is delivered is governed by

the provisions of Order 20 Rule 21 of the Civil Procedure Code which is limited between the minimum of seven per cent per annum and the maximum of twelve per cent per annum. - We award interest at 146 per annthn on the general damages. The other complaint was that we did not specify when the interest accrues. This should not have been a problem because Mr. Rweyongeza himself has pointed out that Said! Kibwana has sot out that interest on general damages is only due after the delivery of judgment because then the :r:incipal amount due is mown. Anyway, since the matter is back to us, we order that the interest is to be calculated from the date of our judgment, that is, 27th June, 2000. I * I, AS for the third ground we think that Mr. Rweyongeza wants a second bite on the appeal. Defamation was o of the issues framed at the High Court and both counsel made submissions on that. However, the learned judge did not decide the issue. e found that the words akukopa arusi kulipa matanga to have been defamatory and that the reputation of the respondent, who was a head teacher of a primary school in the towa, was injured. All this was based on the evidence and the submissions of the advocates available in the record of appeal. So, this ground is baseless. The review is allowed to the extent elained above. DATED at DAR T SALAPN this 11th day of June, 2001, A S L0RAMADHJNI

JUSTICE OF APPEAL K05 CKOLUGAKINGUA

JUSTICE OF APPEAL T 4

JUSTICE OF APPEAL I certify that this is a true copy of the original. fJ ( F L K, Wiivii3LI )

DEPUTY REGIS TEAR