This appeal arises from the judgment and decree of the High
Court of Tanzania, Commercial Division at Dar es Salaam dated 28th
October, 2015 in Commercial Case No. 137 of 2015. In that case, the Appellant
sued the Respondent for payment of a sum of US$ 38,796.98 (Equivalent to TZS.
84,577,416.4 at the exchange rate of US$ 1 = TZS 2180 as at 30th
November, 2015) being a refund of the money paid to the Respondent for wrong
and partial delivery of cleaning materials to the Appellant. The Appellant also
claimed for the payment of interest, general damages and costs of the suit.
In her written statement of defence, the Respondent denied
the claim and prayed for the dismissal of the suit on the grounds that, the
claim by the Appellant has no legal basis as the goods were properly and wholly
delivered in accordance with the purchase order and payment was duly made to
the Respondent as agreed.
Having heard evidence from both parties’ witnesses the
trial court found that the Appellant had failed to prove her case on the
balance of probabilities, hence dismissed the case with costs. Aggrieved, the
Appellant lodged this appeal.