After a car accident the plaintiff brought a suit against
the defendants. Based on evidence the trial court found for the plaintiff and
awarded him a sum of Tshs. 2,237,000.00 which was not expressly pleaded and
specifically proved and a sum of Tshs. 5,000 per day being loss of business as
pleaded but the sum was not specifically proved. The defendant appealed to the
High Court and attacked the decision of the trial court on grounds including
that there was no first pre-trial settlement and scheduling conference as
required in law and that the court awarded special damages which were
not pleaded and proved.