Future Century Ltd versus TANESCO

Future Century Ltd versus TANESCO; Civil Appeal No.5 of 2009 Court of Appeal of Tanzania at Dar es Salaam (Unreported).

• Evidence

• Evaluation of evidence- whether an appellate court may re-evaluate evidence.

• Contract

• Damages-Breach of contract-special damages must be proved.

• Tort

• Defamation-Allegation that a letter was defamatory-the letter was not copied to any third party-whether there was publication.

Held:-

(i) An appellant has a right to have the evidence re –evaluated by the first appellate court and give its own findings.

(ii) Special damages must be specifically pleaded and proved.

(iii) When a letter is not copied to any third party/outsider, a plaintiff has no basis for claiming that the letter was defamatory.