tanzania ports authority another vs kabeza multi scrapper ltd another 2023 tzca 17322 12 june 2023

tanzania ports authority another vs kabeza multi scrapper ltd another 2023 tzca 17322 12 june 2023

The respondents failed to prove on a balance of probabilities that the lost cargo exceeded 10 tonnes, as documentary evidence established the consignment was 30 tonnes, not 55. Oral evidence could not vary the documentary record. Only TZS 270,000 as special damages for 10 tonnes and TZS 5,000,000 as general damages were proved and awarded.

Citation
tanzania ports authority another vs kabeza multi scrapper ltd another 2023 tzca 17322 12 june 2023
Parties
Appellant: Tanzania Ports Authority; Appellant: Attorney General; Respondent: Kabeza Multi Scrapper Ltd; Respondent: Abuand Investment
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 June 2023
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal partly allowed
Legal Topics
Burden of Proof, Special Damages, General Damages, Documentary Evidence, Appeals, Compensation for Loss
Source Language
English
Civil Procedure Contract Law Evidence Law Burden of Proof Special Damages General Damages Documentary Evidence Appeals +1 more

Case Brief

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Parties

Tanzania Ports Authority

Appellant

Attorney General

Appellant

Kabeza Multi Scrapper Ltd

Respondent

Abuand Investment

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the High Court erred in awarding compensation based on unproven quantity of lost cargo
  2. 2 Whether oral evidence can vary or add to documentary evidence regarding the weight of the consignment
  3. 3 Whether special and general damages were properly pleaded and proved

Ratio Decidendi

The respondents failed to prove on a balance of probabilities that the lost cargo exceeded 10 tonnes, as documentary evidence established the consignment was 30 tonnes, not 55. Oral evidence could not vary the documentary record. Only TZS 270,000 as special damages for 10 tonnes and TZS 5,000,000 as general damages were proved and awarded.

Court Disposition

appeal partly allowed

Orders

  • Decision of the High Court reversed except for the award of general damages.
  • Respondents awarded TZS 270,000 as value of lost 10 tonnes.