The plaintiff sued the defendant for breach of contract. The claim arose from the contractual relationship which the plaintiff entered into with the government through the headmistress of Bwiru Girls Secondary School for constructing the dinning and assembly hall at Bwiru Girls Secondary School in Mwanza. The consideration of that contract was a payment of Tshs. 5,372,400/= for the contract which was to commence on 24/06/2005 to be completed in eight weeks from the date of commencement of the contract. The plaintiff completed his work and was given a certificate of practical completion of work. However, the defendant paid the plaintiff only Tshs. 2,000,000/=. Despite several reminders for the defendant to pay the remaining balance subject to the agreed term of the contract, it refused to pay the debt. The plaintiff instituted this case claiming, among others, the outstanding sum of Tshs. 56,622,482.1 being a liquidated and ascertained damages at a rate of 0.04%. that is Tshs. 8,509,881.6 interest on the accrued sum, costs and any other relief as the court may deem fit and just to grant.

