samwel kimaro vs hidaya didas 2019 tzca 201 1 july 2019

samwel kimaro vs hidaya didas 2019 tzca 201 1 july 2019

Award of damages must not exceed what is pleaded and proved; appellant had notice of rent increase and was in breach of contract; lower courts erred in awarding unpleaded damages.

Citation
samwel kimaro vs hidaya didas 2019 tzca 201 1 july 2019
Parties
Appellant: Samwel Kimaro; Respondent: Hidaya Didas
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 July 2019
Procedural Posture
Civil Appeal / Second Appeal, Judgment
Outcome
Appeal allowed in part; award reduced to pleaded amount; each party to bear own costs.
Legal Topics
Tenancy, Rent Arrears, Specific Damages, Pleadings, Breach of Contract
Source Language
English
Land Law Contract Law Tenancy Rent Arrears Specific Damages Pleadings Breach of Contract

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Samwel Kimaro

Appellant

Hidaya Didas

Respondent

Procedural Posture

Civil Appeal / Second Appeal, Judgment

Legal Issues

  1. 1 Whether the appellant had notice of rent increase
  2. 2 Whether specific damages must be pleaded and proved
  3. 3 Whether the trial Tribunal and High Court erred in awarding damages not pleaded

Ratio Decidendi

Award of damages must not exceed what is pleaded and proved; appellant had notice of rent increase and was in breach of contract; lower courts erred in awarding unpleaded damages.

Court Disposition

Appeal allowed in part; award reduced to pleaded amount; each party to bear own costs.

Orders

  • Award of TZS 27,660,000.00 set aside and substituted with TZS 11,460,000.00
  • Each party to bear own costs