The Appellant herein, has appealed against the judgment and
decree of the High Court of Tanzania at Dar es Salaam delivered on 20th
May 2106 in Civil Case No. 113 of 2011. In its judgment, the High Court
adjudged the Appellant to pay the Respondent a sum of TZS 140, 000,000.00 plus
TZS 50,000,000.00 general damages and TZS 50,000,000.00 punitive damages as
well as interest and costs.
The brief facts of the case are: The Respondent, trading under
the name of Amuga Enterprises registered under the Business Names Registration
Act [Cap 213 R.E. 2002] dealing in the supply of building materials, sued Efam
Company Limited as first defendant and the Appellant as second defendant jointly.
The suit was for payment of Tshs. 140,000,000.00, general damages of TZS
50,000,000.00, interest on the decretal sum at the rate of 31%, interest at 7%
being the court’s rate per annum from the date of judgment till payment in
full, costs of the suit as well as any other relief deemed fit by the trial
court for breach of a sales contract by the first defendant. Both defendants
filed their respective written statements of defence but the first defendant
went at large when the suit was called on for hearing and hence the order to
proceed ex parte against her. Initially, the case was assigned to
Munisi, J. who dealt with some initial procedural aspects before the same was
later assigned to Muruke, J who conducted the trial up to the end. In the
upshot, the trial court entered judgment against the Appellant for payment of
the decreed sum. Aggrieved, the Appellant has appealed against the judgment of
the High Court.