The Respondent successfully sued the Appellants before the
High Court for breach of trust, confidentiality and divulgence. He claimed for
payment of Tshs. 500,000,000/= (say Tanzania Shillings Five Hundred Million) as
general damages, interest on the principal sum at 23% per annum from the date
of filing the suit to the date of judgment, interest at Court rate from date of
judgment to date of full payment, other reliefs as the court may deem fit and
just to grant and costs. The High Court was satisfied that the claims were
proved and she awarded the Respondent Tshs. 300,000,000/=as general damages,
interest on the decretal sum at 23% as per banking practice from the date of
filing the suit to the date of judgment and interest on the decretal amount at
7% from the date of judgment to the date of full payment. Dissatisfied, the
Appellants preferred the present appeal.
The Appellants lodged a joint notice of appeal and a joint
memorandum of appeal seeking to impugn the High Court decision. Subsequent to
the filing of the appeal, the Respondent filed a two-point notice of
preliminary objection challenging the competence of the appeal before the
Court, one of which was that the Respondent was not served with the notice of
appeal by the Appellants hence contravening the provisions of rule 84(1) of the
Rules. For that reason, he urged the Court to strike out the appeal.