0006 32
4.
Therefore, the Applicant instituted a suit against DIMON Tanzania Ltd and its successor
DIMON Morogoro Tobacco Processors
Ltd
for inter alial a claim of six hundred and
seventy five million, six hundred and thirty-five thousand and nine hundred and twenty-
one Tanzanian shillings (TZS. 675,635,92'l) being special and general damages for
breach of contract. The suit was filed on 26 September 2000 as Civil Case No. 163 of
2000 before the High Court of Tanzania at Dar es Salaam (hereinafter referred to as
"the High Court").
5.
The High Court dismissed the suit with costs on 19 August 2008 holding that there was
no contract between the parties. Nevertheless, upon appealing to the Court of Appeal
of Tanzania sitting at Dar es Salaam (hereinafter referred to as "the Court of Appeal")
in CivilAppeal No. 108 of 2009, the Applicant partly succeeded because the Court of
Appeal held that there was a contract between him and Dimon Tanzania Ltd which was
breached and the case was then remitted back to the High Court for assessment of
generaldamages.
6. The High Court awarded the Applicant general damages of six million Tanzanian
shillings (T2S.6,000,000) togetherwith 10% interest per annum until the date of full
payment. Aggrieved on account of this amount, the Applicant filed Civil Appeal No. 76
of 2011 at the Court of Appeal. On 20 December 2011, the Court of Appeal dismissed
the appealwith costs.
7.
The Applicant further filed an application for taxation of the bill of costs which was struck
out by order dated 28 November 2012 on the ground of it being time barred.
8.
Subsequently on 23 November 2015, the Applicant filed Application No. 030 of 2015
before this Court.
I The Applicant also sued for defamation
and malicious prosecution which were dism
J