shija derefa vs msobi namji 2020 tzhc 1750 26 june 2020

shija derefa vs msobi namji 2020 tzhc 1750 26 june 2020

The first appellate court's reduction of damages to TZS 500,000 was justified as the original award was inordinately high and not supported by evidence; however, the award of TZS 500,000 as costs was set aside for lack of justification and proper assessment.

Citation
shija derefa vs msobi namji 2020 tzhc 1750 26 june 2020
Parties
Appellant: Shija Derefa; Respondent: Msobi Namji
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 June 2020
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal partly allowed
Legal Topics
Costs, General Damages, Assessment of Damages, Judicial Discretion
Source Language
English
Civil Procedure Damages Costs General Damages Assessment of Damages Judicial Discretion

Case Brief

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Parties

Shija Derefa

Appellant

Msobi Namji

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the first appellate court erred in awarding compensation for general damages and costs without sufficient proof
  2. 2 Whether costs not taxed by a Taxing Master or not ordered in the underlying criminal case can be awarded in subsequent civil proceedings

Ratio Decidendi

The first appellate court's reduction of damages to TZS 500,000 was justified as the original award was inordinately high and not supported by evidence; however, the award of TZS 500,000 as costs was set aside for lack of justification and proper assessment.

Court Disposition

appeal partly allowed

Orders

  • Award of TZS 500,000 as costs set aside
  • Award of TZS 500,000 as damages upheld