The basic issue which stands for our deliberation and
determination in the appeal which is before us, is whether there was
contractual relationship, express or implied, between the Appellant and the
first Respondent. The issue arises from a two grounded memorandum of appeal,
which has been preferred by the Appellant to this Court, challenging the
finding of the learned trial Judge, in a judgment that was handed down on the
31st March, 2014 wherein, she held that there existed no contractual
relationship between the two, which was breached by the first Respondent and
thereby, entitling the Appellant to damages at the tune of Ten Million Euros
(10,000,000), equivalent to Tanzanian Shillings Sixteen Billion and Eight
Hundred Million (16,800,000,000) by then, which was claimed in the suit lodged
against the Respondents.
On the other hand, in their joint written statement of defence,
the Respondents strongly resisted the claim by the Appellant. As alluded
earlier, the learned trial Judge, after hearing evidence from both sides was
convinced on preponderance of probabilities that, the Appellant had failed to
establish its claim against the Respondents. Aggrieved, the Appellant preferred
this appeal.