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Tanzania decisions
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The High Court partly allowed the appeal, finding the original damages award for farm destruction was overstated and substituting TShs. 6,000,000 instead.
The applicant was not guilty of inordinate delay or lack of diligence as the delay was technical, arising from procedural errors in previous applications. Extension of time was granted. However, the applicant failed to demonstrate sufficient grounds or arguable points of law to justify leave to appeal; thus, leave was refused.
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The High Court dismissed a claim against TANESCO over a house fire, finding the plaintiff failed to prove negligence or the amount of loss claimed.
The appellant failed to specifically prove special damages beyond the Tshs 130,000/= already awarded. The evidence did not establish severe injuries warranting higher general damages. The lower courts correctly exercised their discretion in refusing further compensation, and there was no misapprehension of evidence or error in principle justifying appellate interference.
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The High Court partly allowed an appeal, striking out an unpleaded award for treatment costs but leaving intact general damages for bodily harm and pain.
The respondent failed to prove her claims for special damages and compensation as required by law, lacking necessary documentary and testimonial evidence; thus, the trial court's awards were unfounded.
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Objections to the admissibility of the sale agreement were not raised at trial and are afterthoughts; failure to pay stamp duty is a curable defect and does not render the document inadmissible; discrepancies in the sale agreement and pleadings are minor and do not affect the substance; the handwriting expert report not admitted in evidence is expunged but does not affect the outcome; the award for destruction of poles is set aside for lack of proof; contradictions in size and location of the land are minor and do not affect the finding of ownership; the Tribunal's decision is upheld except a…
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The High Court partly allowed a civil appeal, upheld the principal sum awarded, and set aside an unspecified interest order, replacing it with 7% per annum from judgment.
The High Court set aside a Tshs. 500,000 award for being unspecified and unsupported by evidence, while rejecting other appeal grounds.
The trial court erred in awarding damages without specifying whether they were general or special damages and without sufficient evidence to support special damages. The award was not supported by proof as required by law, and the respondent failed to establish entitlement to special damages. The appeal succeeds on grounds 1 and 2.
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