City Council of Dar es Salaam v. Taj Mohamed, Civ. Case 64-D-57, 3/6/68, Georges C. J

City Council of Dar es Salaam v. Taj Mohamed, Civ. Case 64-D-57, 3/6/68, Georges C. J

This was a hearing on costs to be paid in action brought for breach of contract. Plaintiff proved the breach, but presented no evidence as to damages. His claim for agreed liquidated damages was rejected for lack of proof of damage.

            Ruled: (1) Liquidated damages cannot be awarded, because plaintiff  failed to prove damages suffered from breach of the contract. (2) Plaintiff is entitled to costs, having substantially proved what it undertook to prove, the breach of contract. (3) Costs should be awarded on the High Court scale not that of the District Court, in view of the “substantial” sum claimed. (The Court did not specify the amount).