The trial court erred by failing to evaluate the Appellant's evidence, particularly the email correspondence (Exh.D-4) which established an understanding that a 0.75% facilitation and documentation fee would be charged upfront. Although no binding credit facility agreement was executed, the Respondent's acceptance of the fee and subsequent withdrawal after the Appellant had incurred preparatory expenses created an equitable liability. The deduction was justified as compensation for preparatory work. The awards for loss of profit and general damages were not properly justified or proved and th…
On appeal from a land tribunal, the High Court reduced a daily loss award for unproved special damages, set aside an unpleaded TSh 20 million award, and upheld general and exemplary damages.