19940617 TZHC Dar es Salaam

I

IN THE HIGH COURT OF TANZANIA AT DA.1: ES SALAAM CIVIL APPE!L NO, 14 OF 1994 (From the decision of ;he District Court of Kilosa District at Kilosa iJJ Civil Case Noo 18 of 1992) Before o. s. H~ Char;arikat Esqof District Magistrate ' GENERAL MANAGER FAfil\r.LANDS TANZANIA ~-4 LTD. KISANGATA ESTA~8 ••••·•••••·•••••• APPELLANT versus MRS• RUTH SALIMUSY ~ • • • • • . • • • •.• • • • • • • • • RESPONDENT . .,_

JUDQMENT - In a suit filed by the respondent Mrs. Ruth Saltmusy against the appellant, the General Manager of Farml~nda Tanzania Ltd., Kisangata Estate, the district court o~dered the appellant to pay to the respondent shs~87,500/= being fare for herself and her three children as well as tranapor1; charges for per~rnnal effects, frDm Kilosa. to Shil'.'ati i;n, Ma,-a Region. The respondent' .f? husband who was employed by th, appellant had been convicted and imprisoned-. It was the appellant's responsibility to repatriate the family to their home village,. The appellant's appeal to this cour.t wa.adisxnisaed "by Bahati, J. in Civil ippeal No. 5 of 1,993- The, le;3;rned Judge ordered, however, that the d·istrict. ro~gis:trate ah,ould giv~ a breakdown of the 1are ?,11d t-r.ans:p.c:g:t ~ha~ges,. ~hts was done, and the magistrate worked out t-he fi~,u~es and eame to a _total of shs.46~818/3,. Thi.§! :included shs,5,235/f as fare for the respondent ahq s.h~.7,853/= being fare for the children by train from Kilosa to Mwa~za. Shs.9,000/w is the fare by bus from Mwa:p.za to ph-irati fqr the respondent and her children. There is also sl,lill of shs.J,.4,T3·6/= ••.•••• I 2 2 -'4. transpo:i;-t chi:lrges for per.3onal effects from K:ilosa to Mwanza _/ by train, and a further si.;.~ of shs.10,000/= to transport the personal effects from Mwa:· za to Shira ti by bus. The total amount is

shs.46,818/= wb:'.ch the appellant is ~isputing. Let me point out thPt there was no need to file a fresh appeal. This was suppos,,d to be a continuation of Civii Appeal No. 5 of 1993. I shall 1 however, deal with it as filed.· As already pointed out the dispute is on the amount o! money payable to the respondent. What the magistrate did was to carry out the 01\er of Bahati, J. in Civil Appeal No. 5 of 1993. The amount of shs.46,818/= being fare for the re,spondent and her three children and transport charges for personal effects from Kilosa to Shirati in Tarime distriot, !" · is oertainly not ·excessive or unreasonalbe. The m~gistra.te has worked out in detail the fare and transport charges, and I do not see how he can be faulted. The figures in respeot of the fare by train and transport charges, also by train, were obtained from the Station Master, Tanzania Railway :. ~orp41ration, Kilosa. The bus fares and transport charges I were estimates, and they are re_asonabie. The appellant has not produceJany evidence, oral or documentary, to challenge .those figures. I uphold the decision of the district court. ;· This appeal is devoid of merit, anq. it i.s· dismissed with costs. W. J. MAJNA

JUDGE Dar es Salaam 17 June, 1994 Perso.nn.el Appel,la.11,t, Mr. Kassim Ma~s~dJ., l · .· ·: ·_ ·i- - ~ff:iq,e~;. present. ;~- . : ... RespoJldent present in p~rson --