Kisanga Tumainiel Vs Frank Pieper &Travelers’ lodge limited Respondents, Civil Appeal case no. 139 Of 2008, In The Court Of Appeal Of Tanzania At Dar Es Salaam, [Unreported] Pp.8-11 (Coram: Luanda, J.A., Mussa, J. A. And Mugasha, J. A.)

Abstract

That was not proper as a party cannot take up new plea or new contention in appeal, unless, it is pleaded in the plaint or written statement of defence Since the first appellate High Court adjudicated on an issue which was not pleaded at all during trial and which also is a ground of appeal in this Court, the High Court was wrong to take up an issue of malicious prosecution which was not pleaded and tried by the trial District Court. The decision of the High Court is not based on pleadings and thus that decision cannot be allowed to stand