19840911 TZHC Mwanza

m THE filGH COURT OF TAN.?ANIA AT MWANZA ·•, B/C CIVIL CASE APP.EAL N0:36 OF 1981 ( Ori~inal Resident Magistrate's dourt Musoma Civil Case No. 27 of 1980) · . · • NYANOKO s/o TIMBA· ••••••••••• d •• ~ ~ ••• ~ ~ ••• AIPPELLDlNT Versus: ,, ' ' NY;41WG!GE s/o MAS ORE • • • • • . • . • . .- .• ~ • . • • • • • • • RESP mDEN1 ' J U D G lil E N T~ MUNYER4~· J •· ) ' . .' ·. : The appellant '\'18.s the plaintif':f before the Resident Magi_st~te' a ~oiJtt at Muso~. - He sued the respondent ¥°or recovery of 3hs .l,2,000/- dama,ges for pe1•sonal injuries. The story was that during ~h~ month of Deoeinb81"· 1979 the respondent assaulted him ·withou-t; lawful c~use and caused him to suffer bodily injurj_es.. That the r'espondent ¾as prese- outed before Ngot-eme Pri.Bla.ry Court (Cr. C .5/79) convicted and fined Shs.300/-. He was ordered to pay Shs.2OO/- compensation •. As ·the COII!Pen- sation was inadequate the appellant filed this aui t claiming Shs.12,000/-. In his defence the respondent argued that he injured the appellant in his self defence." That on the material day he wis returning home from a 6ircumcision ·ceremony... He met the appellant on the way and the latter attacked him.. Ha was therefore forced to protect himself. He called one defence wit~ess who supported his case. The trial magistrate upheld the defence and dismiised the app,a11Ant 1 ·a cla. im. He appiea,led to this oo~t·., His ma.in complaint is in para 1 ·of the memo• Ho Ot<gtlf;!a that . . . tha respondent had already been convicted in the Primacy ~ouitt for ~ssaul.. ting him so that the i: rial magistrate tirred ih :f'irtding t he oppbsi te • This appeal has merits. Secti1on 43A of Evidence Act provides: - " A final judgment of a court in any criminal proceedings which declares any person t'o be guilty of any criminal offence sh:!.11 •·•·•·•·• ••••.• •••• •·•, ••• be taken as conclusive evidence that the person so convicted was guilty of that offence .II In this case the respond~t was convicted by Ngoreme Primary Court in Cr., C.. 5/79 for assaulting the appellant. This vii.a conclusive evidence that he assaulted him and the trial magistrate in this suit ought nQ,t to have ignored fue judgment. I allow the appeal. I set aside the decision of the trial court and enter judgment.for the appellant. As for the quantum I see that the appellant claimed Shs.12,OOO/-., In :r~ding the medical r.e,Port I am of the view that the a mount is ltllCe,s,sive. I ~ . d Sh~. 3.,000/- instead •. The appellant to have his costs in both courts. WSQMA... 11/9/84.