jao oliveira another vs it started in africa limited another 2023 tzca 7 8 february 2023

jao oliveira another vs it started in africa limited another 2023 tzca 7 8 february 2023

The respondents specifically pleaded and proved their claim for special damages of USD 285,863.60 and general damages of USD 20,000.00. The trial Judge was correct in awarding general damages and the evidence supported the respondents' claims. The appellants failed to defend themselves at trial and cannot raise new arguments at appeal. The appeal lacks merit except for the adjustment of the special damages amount to USD 285,863.60.

Citation
jao oliveira another vs it started in africa limited another 2023 tzca 7 8 february 2023
Parties
1st Appellant: Joao Oliveira; 2nd Appellant: Soul of Tanzania Limited; 1st Respondent: It Started in Africa Limited; 2nd Respondent: Baraja Bernard Kangoma
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
8 February 2023
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed with costs, special damages adjusted.
Legal Topics
Oral Contract, Burden of Proof, Damages, Pleadings, Evidence Evaluation, Business Interference
Source Language
English
Contract Law Company Law Civil Procedure Oral Contract Burden of Proof Damages Pleadings Evidence Evaluation +1 more

Case Brief

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Parties

Joao Oliveira

1st Appellant

Soul of Tanzania Limited

2nd Appellant

It Started in Africa Limited

1st Respondent

Baraja Bernard Kangoma

2nd Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the trial Judge erred in awarding USD 285,616.60 as money withheld by the 1st appellant
  2. 2 Whether the trial Judge erred in awarding USD 20,000.00 as general damages for misuse of the 1st respondent's website
  3. 3 Whether the respondents proved their claims to the required legal standard

Ratio Decidendi

The respondents specifically pleaded and proved their claim for special damages of USD 285,863.60 and general damages of USD 20,000.00. The trial Judge was correct in awarding general damages and the evidence supported the respondents' claims. The appellants failed to defend themselves at trial and cannot raise new arguments at appeal. The appeal lacks merit except for the adjustment of the special damages amount to USD 285,863.60.

Court Disposition

Appeal dismissed with costs, special damages adjusted.

Orders

  • Special damages awarded adjusted to USD 285,863.60
  • General damages of USD 20,000.00 upheld