19941116 TZHC Dodoma2

19941116 TZHC Dodoma2

Special damages for destroyed house and lost crops are not recoverable in a bill of costs; only actual costs incurred in conduct of the case are recoverable.

Citation
19941116 TZHC Dodoma2
Parties
Appellant: Jonas s/o Ntorai; Respondent: John s/o Sudi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 November 1994
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal partly allowed
Legal Topics
Bill of Costs, Special Damages, Assessment of Costs
Source Language
English
Civil Procedure Bill of Costs Special Damages Assessment of Costs

Case Brief

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Parties

Jonas s/o Ntorai

Appellant

John s/o Sudi

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether special damages for destroyed house and lost crops can be claimed in a bill of costs
  2. 2 Whether the awarded costs were reasonable

Ratio Decidendi

Special damages for destroyed house and lost crops are not recoverable in a bill of costs; only actual costs incurred in conduct of the case are recoverable.

Court Disposition

Appeal partly allowed

Orders

  • Award of Shs.70,000/= for destroyed house and lost crops set aside
  • Award of Shs.10,000/= for costs upheld