20200619 TZHC Dar es Salaam

20200619 TZHC Dar es Salaam

The plaintiff failed to strictly prove his claim for the outstanding gratuity as required for special damages, and failed to tender necessary evidence such as the relevant exchange rates or verification report. Contradictions in the plaintiff's evidence further undermined his credibility. The defendant proved...

Source-derived case information.

Citation
20200619 TZHC Dar es Salaam
Parties
Plaintiff: Maila Gladson Makambi; Defendant: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 June 2020
Procedural Posture
Civil / Judgment
Outcome
Suit dismissed with costs
Legal Topics
Terminal Benefits, Gratuity Payment, Exchange Rate Application, Special Damages, Burden of Proof
Source Language
english
Employment Law Government Contracts Terminal Benefits Gratuity Payment Exchange Rate Application Special Damages Burden of Proof

Source-derived case record

Summary, issues, holding and outcome

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Parties

Maila Gladson Makambi

Plaintiff

The Attorney General

Defendant

Procedural Posture

Civil / Judgment

  1. 1 Whether there was a contract between the plaintiff and defendant
  2. 2 Whether the plaintiff is entitled to be paid Tshs. 37,063,319.55 by the defendant
  3. 3 What reliefs are the parties entitled to

Ratio Decidendi

The plaintiff failed to strictly prove his claim for the outstanding gratuity as required for special damages, and failed to tender necessary evidence such as the relevant exchange rates or verification report. Contradictions in the plaintiff's evidence further undermined his credibility. The defendant proved payment was made as per verified government procedures.

Court Disposition

Suit dismissed with costs

Orders

  • Suit dismissed in its entirety with costs to the defendant