Julalabu Binda vs Senge Subi (PC Criminal Appeal No. 10 of 1997) [1998] TZHC 2425 (3 December 1998)

.J ia. ' ' - IJll TI-l': 0 EIGH COURT OF·, AT TABORA ~ -~~~I A?P.CLLATE JU11ISDICTION (PC) CRIMINAL APPEAL NO. 10 OF 1997 OTIIGTIUL CRH1Il'TAL CA.SE NO. 27 OF 1997 OF DISTRICT COURT OF lf:i:ATU T.HSTRICT AT I'TI-l.Ai'Tff(JZ I -s:·;;C-- .. •·:r~ Before: 1-I.H. MLAWA •• fisq ➔ ,-DEHIOR DIBTHICT IvIA.G-ISTRA'.rL JlJLALABU BINDA • • •. •,, • ••• • ••• • ••••• ,, • APPELLANT Versus ( Original Prosecutor) SEHG-E rmBI • • • •••••• 4 ••• ••••• • ••••••• ill:.':SPOI'TD.E;}JT (Original Accusedt This is a second. appeal. The appellant had sued the re~pondent,..§2,_n_f:.;?._fL:i, in the primar-y Court of Bulrnmbi for defamation, arising out of repoPts made to the police that he had wanted to kill the respondent. Ue n.s awarded Shs. 200, 000/ = al though he had asked for Shs. 1,600,000/= as damages for defamation. He appealedC: to the District Court, againDt this quantum. The District. Court has said that Shs. 200, 000/ = is enough., He now appeals to this Court. How, this Court normally does not interfere with awards of damags unless· it is absolutely necessary. The· PriT:,r Cov.ncil in the case of Nance v. British Columbia Railways c.--- . ..-ao ...-.. . .La- •••• ---- .L:.--4---..a:..-t--~ ..... ¥&,..:.,__..4:. ,..,,,. .,...,_ ...... ,I- ...... ..:. ........... .-:....1 92-1,§_D 9517 2 AII EH 448, a case which ,is quoted with approval ·here in :Cast Afr•ica by the Court of Appeal for , \ ...

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!",:~~· '. •., ::};.A. 705, has put up the rule that: 11 An appellate Court must only interfere with the assessment of damages by a lower Court wher•e such lower Court has . . .. ;,,..,~ -fif_r'..;,r:.tcidi- on a wrong principle or has ·,;. ,!!J.c -... : ~~••.; •• ... ··' .·,,'·.:::,•:·,,,,-,/otherwise plainly gone wrong. II The parties are peasants in the village. The sum of money asked by the appellant. (Shs. 1,600,000/=) is a lot of money to a peasa11t ·by any standard. I think, as Nr. Mlawa, the first appellate magistrate thinks, fhs. 200,000/= was adequate, in the circumstances of the ·case. In an-y case, the report made that led to the 61,,jmii'rn.1 charges, I would have thought, was made in aid of justice .. The appeal is dismissed. J • E • C e HA.SAl'JC lJE JUIXH~ .,.. . .,, .... ,., ... At Tabora 3_rd December 1998 Present in person. B.espondent: ~"&.:--Aa......C.a:. •. ...c ........ ~ Present in person.