19940516 TZHC Dodoma1

IN Tm:: UIGH COURT OF '1.1.lillZ.ANIA (PC) CIVIL iJ?Ffil NO. 88 OF 1993 FROM :.I11-lh -1E:CLHON OF 'I'HE 1JISTRICT COURT f.T :arnmor OF IITOT'.IBOI· IN CIVIL 1'\.PPEAL NO. 25/92. ORIGINAL CIVIL CASE / NO~ 1/92 OP UiM10 PRIM.ARY COURT,. Mii.RI.AI1U MPING.A •••••••••••••• APPfilJLANT versus 1:.NGELINA l I.iiILNGA • • • ••••••••• RESPON1ENT 1 JU1JGMENT MSOFFE 2 J: • The appellant successfully sued the responlent before Ulemo compensation~ . . . Primary Court in a claim of shs 50,450/~ as .. ror 1nJur1es sustF1/,'•.e"'· o The responient appealed to the l)istrict Court awl her appeal was parlJy allowed in that the latter decreed that a sum of shs 10,000/= wauld be fair and adequate compensation in the matter~ Disatisfied the appellant is now appealing~ In essence 9 it is gathered from her memorandUli\ cf appeal to this Court that a sum of shs 10 1 000/= is too small. She wants I restoration of the Primary Court jui.gment that she be paid shs 50,450/= as compensation. It is clear from.the record that these parties were once involved in a fight after which the respon .:i_ ent was commicted 9 sentenced to seven months imprisonment ana. then orde:ced to pay the appellant a sum of shs 2,000/= as compensation. As a result of the fight both these parties sustained injuries i.e. The responient -iid. bite the appellant I s £inger to the extent that it had to be amputated in hospital while on the other han1 the appellant bit one of the responient 1 s breasts to the extent that she has since been left with~ 'permanent scar on the same. It is apparent that the appellMt ,·ras di.satisfied with the 2,000/= offered as her compensation in the criminal matter ani that is why· she filed the Civil action in que~t~on praying for shs 50 1 450/= as her.compensation. \ As the learned Senior District Magi$trate who sat in appeal pointed out, it is quite evi ient that both the appellant ani the responient sustained injuries as a result of the fi©lt 0 What really differs between them is the extent of harm 9 I share the reasoning of the Senior Di.strict : 2 .• Magistrate that given the fact that this was a fight, ani that the responient had since been punished by being imprisoned for a period of seven months a sum of shs 50,450/= as the appellant 1 s compensation would be :t'clther on the high si i.e. However, it is my consi1ered view too that a sum of shs 10,000/= is aiso inadequate given the fact that as a result of the fight the appell2nt has since been left without one of her fingers for the rest of her life. In my considered opinion a sum of shs 30,000/= woulrJ. be fair Qll1 adequate compensation in the matter. Accordingly this appeal is partly allm·red to the extent that the responient shall pay the appellant only shs 30,000/= as compensation. E~ch party to bear her own costs in this and the Court below• / .;>~:1··- ~.,., .-··o-J;- /(:)',_ ,,..,.,.,·-- ~. ·- ..... #.4 "~· ,,., ,_,;-. . . ,~:·;,., / (, ' _,/,., '·<:fl'~ tp· ,/ {_j .. ,~r /r.~:~; [ ~,~~;::\\'(,(~~: \ -~ i/•··-,._j / ,f .7. . :/,\t~<;f~,. i.? !'\:;:{,;~ ..~£~\\. '.lt:::. · -~,~ ·.. ,,,.·.\•'.\\. t..·~: '\~ ' 1,. ( "'-• I)' w H • 11 l' JU~E 1::,0FFE) ,_1 ·\~~\ ~~;: .: ~,.:?'.\~?~~ j. \; .,. -1- . 1' I'.·"' . ,( ~:'" ,.,·:,: .• ,. v." '·, ~"::;:., ..•-- • \ / I 16/5/1994 nelivered. · '~- : , , - - ; : / The Appellant - P r e s ~ ~ . , . The Responient - Present I II' /'(..,-";•:/,1 V''-(.., ( J .H • I160FFE ) JU'nE 16/5/1994