national housing corporation attorney general vs appolo hospital centre comapany limited 2022 tzhclandd 713 25 july 2022

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (LAND DIVISION) AT DAR ES SALAAM . LAND CASE NO. 166 OF 2021 NATIONAL HOUSING CORPORATION 1^ PLAINTIFF ATTORNEY GENERAL .....2"° PLAINTIFF VERSUS APPOLLO HOSPITAL CENTRE COMPANY LIMITED DEFENDANT Pate of Last Order; 23.06.2022 Pate of Judgment: 25.07.2022 JUDGMENT ON SUMMA|IY SUIT V.L. MAKANI.J The plaintiffs have filed a plaint by way of a Summaty Suit Procedure under Order XXXV of the Civil Procedure Code CAP 33 RE 2019 (the CPC). The plaintiffs' claim against the defendant is for payment of TZS 8,370,696.61 being rent arrears and TZS 100,000,000/= as general damages. The plaintiff is also claiming for Interest at bank rates on the principal amount claiming from the date of the filing of the suit to the date of full payment, costs of the suit and any other relief(s) deemed fit by the court. According to Order XXXV Rule 2(2) of the CPC, the defendant was supposed to obtain leave of the court to defend the suit within 21 / days, and failure to defend the suit would entitle the plaintiff with judgment and decree as prayed in the plaint. It is apparent from the record that leaye to defend the suit was not obtained though the defendant was duly served through the Managing Director, one George Charwe. The defendant never entered appearance or showed any interest to defend the suit. Ms. Killato, State Attorney, impressed upon the court that officers of the defendant and their advocate were seen in the court premises, but since they never appeared in court and no information was availed of their whereabouts, they cannot be recorded as to have entered appearance in court. In the absence of the defendant Ms. Kiiiato prayed for judgment and decree as in the plaint and she supported her prayers with the case of the Board of Trustees of Public Service Sociai Security Fund vs. Unique Consultancy Limited & Manging Director Unique Consuitancy Limited, Civil Case No. 150 of 2019(HC-DSM)(unreported). The plaintiff has also prayed for general damages at TZS 100,000,000/=. However, as stated in the cases of Zuberi Augustino vs. Anicet Mugabe [1992] TLR 137), Masolele General Supplies vs. African Iniand Church [1994] TLR 192 and Bamprass Star Service Station vs. Mrs. Fatuma Mwale [2000] TLR 96), once the amount in general damages is specified as is in the present case, it ceases to be generai but specific damages which ought to be pleaded and proved. In this instance, there is nothing in the pleadings or in the oral submissions by Ms. Kiilato which proves how the plaintiff arrived at the amount of TZS 100,000,000/=. As such the court cannot award any damages or at all. For the reasons stated above and considering that leave to defend was not obtained, the court thus enters Judgment and Decree in favour of the plaintiff as foliows: 1. Payment by the defendant of TZS Eight Miilion Three Hundred and Seventy Thousand, Six Hundred Ninety Six and Sixty One Cents (TZS 8,370,696.61) being rent arrears. 2. Payment by the defendant of interest on the principal sum as in (1) above at the bank rates from the date of fiiing the suit to the date of full payment. 3. Payment by the defendant of costs of this suit. It is so ordered. c> \J t- % JUDGE I^ V.L. MAKAVMI 25/07/2022 orvAS^