African Marble Company Limited (amc) vs Tanzania Saruji Corporation (tsc) (Civil Application 8 of 2005) [2005] TZCA 87 (1 January 2005)

IN THE COURT OF APPEAL OF TANZANIA

AT DAR ES SALAAM

(CORAM:
LUBUVA, J.A.,
MUNUO, J.A., And KAJI, J.A.)

CIVIL APPLICATION NO. 8 OF 2005

AFRICAN MARBLE COMPANY LIMITED
(AMC) ………………………
APPLICANT

VERSUS

TANZANIA SARUJI CORPORATION (TSC)
………………….……..
RESPONDENT

(Application die XIEEWXRUIB ID
RGW HYSFNWBR bs ieswe

of the Court of Appeal of Tanzania
at Dar es Salaam)

(Omar,
Mnzavas, Mfalila, JJJA)

dated the 9^th
day of November, 1994

in

Civil Appeal No. 38 of 1993

---------

RULING OF THE COURT

LUBUVA, J.A.:

By
notice of motion, the Court is being moved for an order thqt the
judgment of the Court in Civil Appeal No. 38 of 1993 id 7,11,1999,

In
order to appreciate the sequence of events, we think, it is
instructive to set out briefly the background giving rise to the
application f> In High Court Civil Case No. 89 of 1987, the
applicant, African Marble Company Limited, successfully sued the
respondent, Tanzania Saruji Corporation Limited. The High Court
found that the respondent had wrongfully retained the machinery and
equipment belonging to the appellant which it was ordered to be
delivered to the applicant. The trial High Court also awarded the
applicant 10,000/= damages. Dissatisfied, the applicant instituted
Civil Appeal No. 38 of 1987 in this Court where the appeal was partly
allowed with r3gard to damages. The Court remitted the matter to the
High Court with direcdtion for a re-assessment of general damages as
a direct and probable consequence of the retention of the machinery.