20170418 TZHC Dar es Salaam

20170418 TZHC Dar es Salaam

The trial court erred in awarding Tshs. 500,000/= for treatment costs not specifically pleaded or proved, but was correct in awarding Tshs. 10,000,000/= as general damages for pain and agony resulting from proven bodily harm.

Citation
20170418 TZHC Dar es Salaam
Parties
Appellant: Gerald Kapinga; Respondent: Hamisi Omary
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 April 2017
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal partly allowed
Legal Topics
General Damages, Pleadings, Proof of Damages, Bodily Injury, Compensation
Source Language
English
Tort Law Civil Procedure General Damages Pleadings Proof of Damages Bodily Injury Compensation

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Parties

Gerald Kapinga

Appellant

Hamisi Omary

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court was justified in awarding Tshs. 500,000/= as costs for treatment not specifically pleaded or proved
  2. 2 Whether the trial court was correct in awarding Tshs. 10,000,000/= as general damages for pain and agony

Ratio Decidendi

The trial court erred in awarding Tshs. 500,000/= for treatment costs not specifically pleaded or proved, but was correct in awarding Tshs. 10,000,000/= as general damages for pain and agony resulting from proven bodily harm.

Court Disposition

appeal partly allowed

Orders

  • Order awarding Tshs. 500,000/= for treatment costs is quashed
  • Order awarding Tshs. 10,000,000/= as general damages is upheld