M.S SKY PACKAGING (T) LTD VS M.S BANJI LOGISTICS LTD. (CIVIL APPEAL NO. 268 OF 2022) [2024] TZCA 1267 (12 DECEMBER 2024)

Abstract

This appeal emanates from the decision of the High Court of Tanzania, sitting at Dodoma, which recorded and ultimately issued a decree arising from a deed of settlement amongst the parties. In the instituted suit, the respondent claimed specific damages amounting to USD 20,800.00 and general damages of TZS 50,000,000.00 for breach of a hire contract. In that contract, the respondent was hired to transport the appellants goods from Dar es Salaam to Bujumbura. The respondent did, and invoiced the appellant for payment of USD 30,800.00 being charges for execution of the alleged agreement. The appellant paid USD. 10,000.00, instead. As the balance was not paid, a demand note was issued to the appellant forthwith, hence, a suit giving raise to the instant appeal, was filed. The appellant, on the other hand, did not file a written statement of defence.