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Where termination is found to be only procedurally unfair but substantively fair, compensation must be less than twelve months' salary; awarding the maximum is improper. The High Court erred in awarding twelve months' salary compensation, and the appropriate remedy is three months' salary compensation.
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The High Court dismissed an insurer’s appeal against awards for damages arising from a road accident, upholding both general and special damages.
The High Court dismissed an insurer’s appeal against a Tshs. 45 million general damages award arising from a motor vehicle accident and amputation.
The High Court granted Century Insurance leave to appeal to the Court of Appeal, finding a point of law on pleading and general damages worth consideration.
There was no justification to interfere with the quantum of damages awarded by the trial court as the judge applied correct legal principles and the injuries justified the award. However, the trial court erred in awarding 12% interest on the decreed sum without parties' agreement; the correct rate is 7% as per the Civil Procedure Code.
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High Court commercial insurance dispute over fire and consequential loss claims. The court held extensive clauses were deleted, rejected fraud allegations, and awarded partial indemnity.
The High Court upheld liability for refund of maintenance expenses under customary law but found the award excessive and reduced it from Shs 72,000 to Shs 30,000.
Appellant, as bailee, failed statutory duty of care resulting in loss of engine and gearbox; exemption clause does not protect against liability for fundamental breach; special damages not proved and cannot be awarded beyond pleaded amount.
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Respondent did not condone or encourage adultery; took all reasonable steps to address it. Damages awarded are within precedent and adjusted for inflation. Appellant deliberately cohabited with respondent's husband knowing he was married.
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The High Court upheld liability for assault causing a fractured arm but reduced damages from TZS 2,000 to TZS 1,500 and costs to TZS 288.
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