BYTRADE TANZANIA LIMITED VS. ASSENGA AGROVET COMPANY LIMITED AND ISMAIL A. MALLYA. CIVIL APPEAL NO. 64 OF 2018.

Abstract

Held: (i) The true principle of promissory estoppel is where one party has by his words or conduct made to the other a dear and unequivocal promise which is intended to create legal relations or effect a legal relationship to arise in the future, knowing or intending that it would be acted upon by the other party, the promise would be binding on the party making it and he would not be entitled to go bade upon it. (ii) On this we would simply observe that as between the second respondent who supplied the seeds and the first respondent to whom the seeds were supplied, there was no issue. The second respondent admitted that fact and he was entitled to do so under Order XII rule 1 of the CPC. The appellant cannot be privy to the agreement between the respondents. (iii) The rationale for discrediting a witness because he has an interest to serve only makes sense in criminal cases as we have said a while ago, where threat of penal sanction looms large against such a witness. It is in inconceivable how that principle may apply in civil cases like the instant. (iv) We agree with Mr. Oola, that a party who wishes the court to order specific damages in his favour has a duty to plead them specifically and to prove them strictly.