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Tanzania decisions
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Plaintiff established ownership of 6 acres of the disputed land on a balance of probabilities, developed it, and suffered loss due to defendants' unlawful acquisition for school construction. However, claims for special damages were unproven; only general damages and alternative land compensation were awarded.
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The Plaintiff proved, by uncontested affidavit evidence and supporting documents, the existence of a valid contract, performance of obligations, and breach by the Defendant through unjustified withholding of funds. The Defendant's failure to file a defence or counter affidavit amounted to admission of the Plaintiff's claims. The Plaintiff is entitled to specific damages, general damages, interest, and costs.
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The District Court had jurisdiction to award general damages in a commercial tort claim where the subject matter is incapable of being estimated in monetary terms; the trial court properly evaluated the evidence and the respondents proved unauthorized commercial use of their images, constituting passing off and violation of privacy; however, the trial court erred in awarding pre-judgment interest on general damages and in setting post-judgment interest above the statutory limit.
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Electronic evidence was improperly admitted and expunged; however, direct and circumstantial evidence sufficiently proved adultery. Damages for adultery must be compensatory and not punitive; award reduced to Tshs. 10,000,000/=. Damages for enticement and interest on general damages were wrongly awarded and set aside.
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Plaintiff proved on balance of probabilities that TZS 300,000,000 was paid under mistake and TZS 306,733,080 was outstanding for undelivered pallets; defendant breached contract by failing to supply as agreed and is liable to refund and pay damages.
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High Court allowed a fatal accident appeal in part, held the driver negligent, found the vehicle owner vicariously liable, and awarded Tshs.75,000,000/= without interest.
The Court of Appeal held that interest and staff training costs were special damages, not general damages, and allowed the appeal in part.
The Court of Appeal of Tanzania declined a stay of execution pending review, finding the review grounds lacked prima facie merit and Rule 3 did not fit the application.
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