total tanzania ltd vs samwel mgonja 2021 tzca 265 25 june 2021
The trial judge erred in law by relying on annexures not admitted as evidence; the respondent failed to prove his case on a balance of probabilities as the new MLA was not tendered as evidence; thus, the appeal is allowed and the High Court decision is set aside.
- Citation
- total tanzania ltd vs samwel mgonja 2021 tzca 265 25 june 2021
- Parties
- Appellant: Total Tanzania Ltd; Respondent: Samwel Mgonja
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 25 June 2021
- Procedural Posture
- Civil Appeal / Appeal From High Court Judgment and Decree
- Outcome
- Appeal allowed with costs
- Legal Topics
- Breach of Contract, Admissibility of Evidence, Procedural Compliance, General Damages
- Source Language
- English
Case Brief
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Parties
Total Tanzania Ltd
Appellant
Samwel Mgonja
Respondent
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Decree
Legal Issues
- 1 Whether the trial judge erred by relying on annexures not admitted as exhibits
- 2 Whether the respondent proved breach of contract and entitlement to damages
- 3 Whether procedural rules regarding evidence and judgment delivery were complied with
Ratio Decidendi
The trial judge erred in law by relying on annexures not admitted as evidence; the respondent failed to prove his case on a balance of probabilities as the new MLA was not tendered as evidence; thus, the appeal is allowed and the High Court decision is set aside.
Court Disposition
Appeal allowed with costs
Orders
- High Court judgment and decree set aside
- Costs awarded to the appellant
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