Khadija Abdu vs Fatuma Mwai (PC Civil Appeal No. 71 of 1997) [1998] TZHC 2134 (5 August 1998)

J IN THE HIGH COURT OF TANZANIA AI. q\R. _ ES §l\LAAf/1 P. C. CIV. APl- BAL NO.. 71/1997 KJADIJJ\ J1BDU •••.•••••.••...........• APPELLANT Versus The origin of this appeaJ, is in Criminal Case No. 2072/95. It was alleged that Fatuma h1ai had made false reports to the police to th 1 ? effect that Baclija Abdu had used -2busive l3ngu3,re, beaten and undressed the said Fatuma Awai. As a result of this allegedly false report, Hadija Abdu as arrested and detairted at the Changornbe Police Ststion for about three hours after which she was rE;:leased on bail. Subrsequently she was charged with the offence of common assault in Criminal Case No. 2072/95 c/s 240 of the Penal Code. Hadija i. bdu was convicted· and sentenced to pay a fine of Shs. l0,000/= a1d to pay compensation of Shs. 5,000/=. As a result oi' thi3 convicti:on in the said criminal case, Hadija A bdu in .Jti tutecl Civil Case No. 6 of 1996 against Fatuma lVIwai at Temeke Primary Court. quote:- She was claiming and I ;; :i?edha 500QOOO/= ·~~;.t-:)kana na kUdhalilishi.oJa na kufun;uliwa t:::>si :xmcai ''. This was the nature of th2 civil case. The Primary Court after hear in; the case, delivered its judgrnei1t on 7.5.1996 dismissing the suit. The said court was satisfied that the claims by the compl8inant Hadija A :Jdu had not been -estaolished at all and hence dis,nissed the suit. 'l'he prLnary court was of the view that th2 report tl1at J'atw,:ia r✓ Iwai made to the Police \vas not false and in actual fact the complainant was convicted of the offence of common assault. Aggrieved by the decision of the P rirnary Court the c:::)lnplainant appealled to the District Court in Civil Appeal No. 37 of 1996. The District Court after a careful analysis of the evidence in Criminal Case No.2072/95 and Civil Case Mo. 6/96 came to the conclusion that the appeal was basel2ss and coJ.1sequ.ently dismissed the appeal. . ..• /2 "tr· '· > .,.IJ, ...... ("·;,

11'4. 2 = Undaunted Hadija Abdu has now come to this court and has filed a verbose memorandum containing seven gronds·of appeal. I have carefuJ.ly gone through both proceedings and judgments in the Primary Court and the District Court and I am satisfied that they both came to the right conclusion. The re;ort that Fatum8 f ✓ h-,rai inade t) the police v1as actually not false for it resulted in the appellant's conviction. If the aD)ellsnt vvas dissafisfied v:ith the said decisi,)n 1 an appeal wss open to her. Instead she instituted a civil suit olaioing Shs.300,000/=, I do not Know for what civil wrong that was -!9,. comrni tted a:::;ainst her. In the circumstances I add my voice that thi.s appeal is totally devo:i_d of merit and it is accordingly dismissed with costs. NSEKELA JUDGE ···-·- 9.6.1998. Coram Mshote- DR In person - For the A?~2llant ffliss. Yl2shokera - For the: Respondent. C/C. Maourice. Judgement delivered this 5th August in the pre:3ence of the appellant and lliss. i: ashokera f c,r the :;.~espondent. \ I -DI:iTRICT Rli:GJ._§T.RAR 5/8/1998. · CERTIFIED TRUL CCP Y OF THC 0;.UGL:JJ\L.