The Appellant entered into a contract with the respondent
for the purchase of a caterpillar 3406 TA – CANOPY at the purchase price of
32,000 Euro. The Appellant paid advance payment of US$ 25,000 but the
respondent failed to supply the generator according to the agreed upon
description in the sale agreement. The respondent supplied a generator which
did not answer the contract description. The High Court (Kaijage, J.) agreed
with the Appellant and awarded, inter alia, Tshs. 50,000,000/= (Fifty
Million) as general damages; Tshs. 100,000/= special damages and ordered a
refund of US$ 25,000 with interest to the Appellant. The Appellant was
dissatisfied with this decision and has preferred this appeal. The respondent
on its part has cross-appealed.