QUANTIFYING GENERAL DAMAGES IN

PLEADINGS, HIGHER COURTS’ POSITION IN

TANZANIA.
Case laws

1. HERIETH KASIDI VS. AGUSTINO BUSHIRI, Civil Appeal No.

480 of 2020 Court of Appeal of Tanzania at Dar Es Salaam,
CORAM: MWAMBEGELE, J.A., GALEBA. J.A.. And
MWAMPASHI. J.A.
Delivered on 20th day of October, 2023.
The court held that,
“We must state at this stage that it is elementary law that general
damages are awarded at the discretion of the court and therefore
they need not be quantified in pleadings. What the respondent
pleaded was mesne profits of Tshs. 100,000,000/= and general
damages. He did not quantify the general damages. It would not
have been appropriate for the respodent to quantify general
damages.”

2. JOAO OLIVEIRA and SOUL OF TANZANIA LIMITED Vs. IT

STARTED IN AFRICA LIMITED and BARAJA BERNARD
KANGOMA, Civil Appeal No. 186 of 2020 The Court of Appeal
of Tanzania At Arusha, CORAM: MWAMBEGELE. J.A..
KEREFU. 3.A. And KIHWELO, J.A.^
Delivered on 8th February, 2023
The Court held that;
“Judge awarded general damages which were neither pleaded nor
proved1, …………………. Now the question is whether the learned
1
Page 21 in the stated case
trial Judge was justified in awarding the amount of USD 20,000.00
as general damages. The answer is definitely in the affirmative
and the reason is not farfetched2………….. Since general damages
are awarded at the discretion of the court, in our considered
opinion the amount of USD 20,000.00 awarded by the learned trial
Judge is fair in the circumstances of the case. We therefore, find
considerable merit in the submission by the respondents.”

3. TANZANIA CHINA FRIENDSHIP TEXTILE CO. LTD„ VS OUR LADY

OF THE USAMBARA SISTERS [2006] TLR 70

The Court held that;

"They [the Plaintiffs] were also claiming for general damages which
they quantified to the tune of TZS. 15000000. But since general
damages are awarded at the discretion of the Court, it is the Court
which decides which amount to award. In that respect, normally
claims of general damages are not quantified".

4. YARA TANZANIA LIMITED VS CHARLES ALOYCE MSEMWA

& OTHERS (Commercial Case 5 of 2013) [2016] Delivered on
(19 February 2016)

The Court held that;

“…..It should be stated at this juncture that genera! damages are

never quantified; they are paid at the discretion of the court and,
on that score, it is the court which decides which amount to
award……..It was therefore improper for the plaintiff to quantify
general damages.”3
Prepared by Isaka M. kabuje @ pending Advocate.
2
At page 22 in the stated case
3
At page 9 of the case