20030415 TZHC Bukoba

IN THE HIGH COURT OF TANZANIA AT BUKOBA (PC) CIVIL APP~AL NO 113 OF 1995 (From the decision of the District Court of Muleb-?. District at Muleba in Civil Appeal No 44 of 1991 and original Civil Case No 41 of 1991 at Rukindo Primary Court). J~EPH JOHN APPELLANT VERSUS RUDOVICK PHILLIPO RJi::.SPONDENT ·········~·~·········· . ...... - The appellant I Joseph John, was sued by .t-ne,. .re~d.eDt; I,u.d.oq.~ Phillipe, in the P1-imary Court of Luki.ndo, in Mulebcl District. 'I'he ~~dent had alleged that on 11/2(;1, at 9:00__am, the appellant went to the .place the respondent was _l"()astt•g me.at_• ~roo-ue, and there trampled,.,.ever the plates,. sp9kes for pinning meat, and meat itself which weighed 20 kilograms. ' is said, the appellant did for no good reason • .And thi~, it . · ·. C·el.U't The. respondent went· to /. and there obtained judgment. However, the amount of' money he was awc.1rded ,. ,a$·••ompe.nsation for demages to the ~ropertyi :was small and inadequate. He elaimed Sh 10,215/= but the primary Court only awarded him S~s-52t/:. The respo•de.nt then appealed to the District court. The District Court has agreed with the primary 9ourt., that the. . :resp,mde1tt be really \ · pnid. But the first appellate Court differed. •n the qua:i,.tum. It awarded Shs 10, 250/~ the amcmit of money originally claimed by the ;espondent. I agl:'ee with the lirst appellate Court that the amount of. award of Shs 520/= was too small. rt was..,,too •mall. The first appellde Court in sending the awe.rd upwards, to Shs 10,250/=• Awards made by trial Courts are quite often left undisturbed unless , they are patently to'e small ·•r too high, in the circumstances of the particular c~e.· · And, the Courts ha.ve said • Davies v Powel Duffryn 1 F _..,,__._•~ l;l;P - - Associated Colliers Ltd fi94'1/ 1 All E.R. 657 and pp 664, 665, that --.::a,.-.._ """-·---- - - 11 In effect, the Court, before it interferes with an award of damages should be satisfied that the judge has acted on a wrong principle of law.; or has misapprehended the facts, or has for these or other reasons made a wholly erroneous estimate ef the damage suffered 11 e Th&t passage i~ qusted with appr~l ef L~rd Guest i& 5ass~ v. Kam,L'.l.la ~- ..-.. ..... Aerated \fate». c"o Li;d /196'3/ 2 All E.R, ~75, 878 1 · "The Court of Appeal will i,,ot reverse the decision of the trial judge on the question of the amount of da'llages unless it is satisfied either that the judge acted on some wrong principle of law, or that the amount awarded was so extremely large or so extremely large or so very small as to make it an entirely erroneous estimate of the dam<1ge 11 That passage is quoted with approval in Bull The &ppellanti Joseph John; obviously, went to the table where the :::-espondent was Jioasting his mee.t, and~ b~heving, in a way; like -€he Biblicel st6~Yi went and turned over the table, sprinkled away the s~t and the berbecue and 3pokes (we are told) for pinning the meat;.· This action was uncalled for._ The amount of eompensation of Shs 10 1 250/= asked for, by the ,.-espondent was reasonable,. JUDGE