The Appellant sued the Respondent for recovery of USD 5000 being the principal sum. This amount comprised USD 3000 that the Appellant advanced to the Respondent on 17th April 2006 and USD 2000 being interest that accrued after the Respondent defaulted to refund the money as promised by 10th January 2007. The Respondent substantially admitted the claim and the trial court entered judgment in favour of the Appellant in respect of USD 3000. The Appellant was aggrieved and appealed because the court did not award other claims including interest. The learned judge on first appeal upheld the decision of the trial court on granting only USD 3000 as the principal amount on the ground that Annexure A to the Plaint which formed part of the Plaint did not speak of interest on the amount of the debt the Respondent was given. The Appellant further appealed to the Court of Appeal of Tanzania arguing that since the Respondent admitted at paragraph 3 of his written statement of defence the amount of USD 5000, the Appellant was entitled to judgment on admission for that amount, as well as interest and costs.

