julius mwamlima vs lukani development association 2020 tzhc 4527 27 november 2020

julius mwamlima vs lukani development association 2020 tzhc 4527 27 november 2020

The appellant failed to prove an oral agreement with the respondent for the additional claims. The claim for Tshs. 3,874,000/= was a community obligation, not the respondent's, and the claim for Tshs. 2,000,000/= was unsupported by evidence. General damages were not pleaded and thus could not be awarded.

Citation
julius mwamlima vs lukani development association 2020 tzhc 4527 27 november 2020
Parties
Appellant: Julius Mwamlima; Respondent: Lukani Development Association
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 November 2020
Procedural Posture
Civil Appeal / Second Appeal (high Court)
Outcome
appeal dismissed
Legal Topics
Burden of Proof, Oral Agreements, Construction Contracts, Pleadings and Issues, Damages
Source Language
English
Civil Procedure Contract Law Burden of Proof Oral Agreements Construction Contracts Pleadings and Issues Damages

Case Brief

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Parties

Julius Mwamlima

Appellant

Lukani Development Association

Respondent

Procedural Posture

Civil Appeal / Second Appeal (high Court)

Legal Issues

  1. 1 Whether the appellant proved entitlement to Tshs. 3,874,000/= and Tshs. 2,000,000/= against the respondent
  2. 2 Whether the District Court erred in reducing the amount awarded by the Primary Court
  3. 3 Whether general damages were properly awarded

Ratio Decidendi

The appellant failed to prove an oral agreement with the respondent for the additional claims. The claim for Tshs. 3,874,000/= was a community obligation, not the respondent's, and the claim for Tshs. 2,000,000/= was unsupported by evidence. General damages were not pleaded and thus could not be awarded.

Court Disposition

appeal dismissed

Orders

  • Judgment and decrees of both lower courts quashed
  • Orders of lower courts quashed