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Appellant failed to prove special and general damages for physical injury or loss, but was entitled to nominal damages for the violation of personal dignity due to uncontroverted assault.

Source-derived case information.

Citation
N
Parties
Appellant: Gervas Bisigyozi; Respondent: Bisigyo Lwanyanzi; Respondent: Celestine Bisigyo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 1973
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal allowed in part
Legal Topics
Battery, Damages, Personal Dignity
Source Language
english
Tort Law Customary Law Battery Damages Personal Dignity

Source-derived case record

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Parties

Gervas Bisigyozi

Appellant

Bisigyo Lwanyanzi

Respondent

Celestine Bisigyo

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the appellant is entitled to damages for battery despite lack of physical injury
  2. 2 Whether conviction in criminal proceedings is sufficient to sustain civil claim for damages

Ratio Decidendi

Appellant failed to prove special and general damages for physical injury or loss, but was entitled to nominal damages for the violation of personal dignity due to uncontroverted assault.

Court Disposition

appeal allowed in part

Orders

  • Appellant awarded Shs. 51/= as general damages for battery and injured dignity