Tanzania Case Law

moshi mustafa others vs ilemela municipal council another 2022 tzca 765 2 december 2022

Court

TZCA

Appellants, having failed to prove lawful ownership of the land and to specifically plead and strictly prove special damages, were not entitled to compensation or general damages. The trial court's award of general damages based on equity was erroneous as there was no legal gap to justify invoking equity.

Source excerpt

• Compensation for destruction of property
• Pleading and proof of damages
• Trespass
• Application of equity
• Award of general damages

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national microfinance bank plc vs neema samwel lyatuu and 2 others 2021 tzhclandd 840 3 november 2021

Court

TANZLII

The public auction was unlawful due to failure to comply with mandatory statutory notice requirements; the trial tribunal was correct in declaring the auction null and void and restraining eviction, but erred in awarding general damages to the 2nd and 3rd respondents without evidence of suffering.

Source excerpt

• Public auction procedure
• Statutory notice requirements
• Mortgage enforcement
• Bonafide purchaser protection
• Award of general damages

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hashi energy t limited vs khamis maganga 2021 tzca 641 2 november 2021

Court

TZCA

The Court of Appeal of Tanzania granted leave to add a new ground of appeal challenging an unexplained award of general damages in a default judgment.

• Leave to amend grounds of appeal
• Default judgment
• Award of general damages
• Right to be heard
• Civil-procedure
• Leave-to-amend-appeal-grounds

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fanikiwa microfinance co ltd and2 others vs lydya mangasu 2021 tzhclandd 729 29 october 2021

Court

TANZLII

The High Court granted leave to appeal after finding the proposed grounds arguable, in a dispute over general damages and auction of a security property.

• Leave to appeal
• Award of general damages
• Breach of contract
• Auction of mortgaged property
• Leave-to-appeal
• General-damages

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CIVIL APPEAL NO 296 OF 2020 GEOFREY GEORGE BIKONGOLO VS CENTURY INSURANCE COMPANY LIMITED

Court

TANZLII

The High Court erred by deciding on the existence of an insurance contract between appellant and respondent, an issue not pleaded or determined at trial. Third party claimants are entitled to claim against insurers under statutory provisions without privity of contract, provided statutory requirements are met. The trial court's award of specific damages was justified, but the indemnity award was duplicative, and the general damages award was excessive and reduced accordingly.

Source excerpt

• Third party insurance claims
• Pleadings and issues
• Indemnity
• Assessment of damages
• Principle of privity
• Award of general damages

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