In Commercial Case No. 94 of 2015 of the High Court of
Tanzania (Commercial Division), the first Respondent sued the Appellant seeking
the following reliefs; unconditional order to release the first Respondent
motor vehicles with registration number T606 CFK and T689 BVM which were
unlawfully impounded by the Appellant, payment of compensation at the tune of
TZS. 324,000,000.00 for loss caused by the Appellant for supplying two used
defective motor vehicles, payment of TZS. 35,345,000/= being specific damages
caused by the Appellant for loss of passengers baggage and goods and a
declaration that, the impounding of the two motor vehicles was illegal and a
further declaration that the Appellant has breached asset finance facility
agreement made on 9/10/2012.
In her written statement of defence the Appellant denied
the claim and raised a counter-claim in the sum of TZS. 297,427,667.00 being
the principal amount and accrued interest arising from the loan advanced to the
first Respondent and guaranteed by the second and third Respondents.
During proceedings at the trial court both parties were
represented by advocates. The hearing proceeded smoothly until on 15/6/2016
when the Appellant closed her case. On 1/7/2016 when the case was called for
defence the court was informed of a change in the advocates representing the
Respondent. On a subsequent date scheduled for hearing neither the Appellant
nor her advocate appeared and upon a prayer made by advocate for the first
Respondent, a default judgment was entered against the Appellant and all the
reliefs sought were granted. On the other hand, the counter claim raised by the
Appellant was dismissed with costs. Being aggrieved, on 29/9/2017 the Appellant
lodged a memorandum of appeal with nine grounds of complaint.