YARA Tanzania Limited versus Charles Aloyce Msemwa and 2 Others; Commercial Case No. 5 of 2013: High Court of Tanzania (Commercial Division) at Dar es Salaam (Unreported).
- Civil Procedure
- Pleadings – witness gives evidence on matters not pleaded – whether proper.
- Interest – plaintiff pleaded interest but did not lead any evidence to show that he is entitled to interest prior to filing of the suit – whether proper.
- Damages
- General damages – general damages are never quantified.
Held:-
(i) It is a cardinal principle of law of civil procedure founded upon prudence that parties are bound by their pleadings. That is, it is settled law that parties are bound by their pleadings and that no party is allowed to present a case contrary to its pleadings. (Cited Adetoun Oladeji (Nig) Ltd v. N.B. PLC 92007) 2 NWLR (Pt. 1027) 415).
(ii) General damages are never quantified; they are paid at the discretion of the court and, it is the court which decides which amount to award. It is therefore improper for a plaintiff to quantify general damages.
(iii) If the damage be general, then it must be averred that such damage has been suffered, but the quantification of such damage is a jury question (in our jurisdiction a court). (Cited Admiralty Commissioners V. Susquch – Hanna (1926) AC 655).
(iv) A plaintiff is not entitled to interest prior to filing of the suit unless it is specifically pleaded and he must lead evidence to show that he is entitled to interest prior to filing of the suit.