interchik co ltd vs salum ramadhani possa 2020 tzhc 4359 30 october 2020
The respondent failed to strictly prove special damages beyond Tsh 2,430,000 as required by law; the trial court erred in awarding Tsh 10,000,000 without evidentiary basis and in departing from the issues framed by the parties.
- Citation
- interchik co ltd vs salum ramadhani possa 2020 tzhc 4359 30 october 2020
- Parties
- Appellant: Interchick Co. Ltd; Respondent: Salum Ramadhani Possa
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 30 October 2020
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal allowed in part; cross objection dismissed
- Legal Topics
- Breach of Contract, Special Damages, Evaluation of Evidence, Framing of Issues
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Interchick Co. Ltd
Appellant
Salum Ramadhani Possa
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the trial court erred in failing to adjudicate upon the issues framed during trial
- 2 Whether the respondent proved payment of the claimed sums as special damages
- 3 Whether the chicks supplied were not vaccinated for Marek's disease and if that caused loss
Ratio Decidendi
The respondent failed to strictly prove special damages beyond Tsh 2,430,000 as required by law; the trial court erred in awarding Tsh 10,000,000 without evidentiary basis and in departing from the issues framed by the parties.
Court Disposition
appeal allowed in part; cross objection dismissed
Orders
- Trial court award of Tsh 10,000,000 set aside
- Respondent entitled to Tsh 2,430,000 as special damages
Full Case Text
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