20150122 TZHC Mwanza

20150122 TZHC Mwanza

The respondent failed to strictly prove special damages for loss of profit, so the daily award is reduced to Tsh 20,000/=. The award of Tsh 20,000,000/= is invalid as it was not pleaded. The appellant's self-help eviction justified awards of general and exemplary damages.

Citation
20150122 TZHC Mwanza
Parties
Appellant: Hamza Adam; Respondent: Geo Frey Kabaka
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 January 2015
Procedural Posture
Land Appeal / First Appeal From District Land and Housing Tribunal
Outcome
Appeal partly allowed
Legal Topics
Lease Termination, Loss of Profit, Special Damages, General Damages, Exemplary Damages, Self Help Eviction
Source Language
English
Land Law Contract Law Tort Law Lease Termination Loss of Profit Special Damages General Damages Exemplary Damages +1 more

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Parties

Hamza Adam

Appellant

Geo Frey Kabaka

Respondent

Procedural Posture

Land Appeal / First Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the respondent proved loss of profit as special damages
  2. 2 Whether the award of Tsh 20,000,000/= was justified and pleaded
  3. 3 Whether the appellant's conduct justified general and exemplary damages

Ratio Decidendi

The respondent failed to strictly prove special damages for loss of profit, so the daily award is reduced to Tsh 20,000/=. The award of Tsh 20,000,000/= is invalid as it was not pleaded. The appellant's self-help eviction justified awards of general and exemplary damages.

Court Disposition

Appeal partly allowed

Orders

  • Appellant to pay respondent Tsh 20,000/= daily loss from date of closure until full payment
  • Appellant to pay respondent Tsh 5,000,000/= as general damages