vidoba freight co limited vs emirates shipping agences t ltd another 2022 tzca 740 24 november 2022

vidoba freight co limited vs emirates shipping agences t ltd another 2022 tzca 740 24 november 2022

The trial court correctly awarded nine days compensation as the evidence showed the storage charges did not extend to the additional two days claimed. The award of general damages was justified as the trial judge provided a reason (delay caused by respondents). The appellant failed to strictly prove specific damages for loss of business, as there was insufficient evidence of the alleged contract or loss.

Citation
vidoba freight co limited vs emirates shipping agences t ltd another 2022 tzca 740 24 november 2022
Parties
Appellant: Vidoba Freight Co. Limited; 1st Respondent: Emirates Shipping Agencies (T) Ltd; 2nd Respondent: Emirates Shipping Line
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
24 November 2022
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Breach of Duty of Care, Compensation for Delay, General Damages, Specific Damages, Burden of Proof
Source Language
English
Civil Procedure Contract Law Damages Breach of Duty of Care Compensation for Delay General Damages Specific Damages Burden of Proof

Case Brief

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Parties

Vidoba Freight Co. Limited

Appellant

Emirates Shipping Agencies (T) Ltd

1st Respondent

Emirates Shipping Line

2nd Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court was justified to award nine days compensation instead of eleven days for storage charges
  2. 2 Whether the appellant was entitled to general and specific damages for loss of business

Ratio Decidendi

The trial court correctly awarded nine days compensation as the evidence showed the storage charges did not extend to the additional two days claimed. The award of general damages was justified as the trial judge provided a reason (delay caused by respondents). The appellant failed to strictly prove specific damages for loss of business, as there was insufficient evidence of the alleged contract or loss.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.