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The High Court allowed an appeal in a contract dispute, holding that breach was not proved against the appellant and set aside the trial court’s judgment.
Non-payment of stamp duty on the contract exhibit did not vitiate the proceedings as the proper remedy was to allow payment of duty; the relationship was contractual, not employment, so the primary court had jurisdiction; forgery was not proved due to lack of evidence; the award of general damages was excessive and reduced to TZS 3,000,000.
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The trial court's proceedings, judgment, and orders are nullified due to failure to frame and determine issues on the counterclaim, and for procedural irregularities in the admission of evidence. The matter is remitted for retrial from the stage of framing issues before a different magistrate.
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