Mwanhanga v. Kigusi (PC) Civ. App. 46-Dodoma-71; 18/4/72, Kwikima Ag. J.

 

Mwanhanga v. Kigusi (PC) Civ. App. 46-Dodoma-71; 18/4/72, Kwikima Ag. J.

Plaintiff claimed damages from the defendant who had committed adultery with his wife. It was established that the defendant purported to marry the plaintiff’s wife after she had sued and received a divorce from the latter who, however, appealed successfully against the decree. In the court of first instance which heard the present claim, the defendant was declared to have committed adultery with the plaintiff’s wife and was ordered o pay Shs. 280/= as compensation. On appeal to the district court the damages was reduced to Shs. 100/=. The plaintiff then sought to re-instate the first order.

            Held: “There was no evidence led at the trial to show how the quantum of Shs. 280/= was arrived at ….. The learned appeal magistrate partly allowed the appeal by reducing the damages to Shs. 100/=. He was of the view that Shs. 280/=was excessive. Again he did not give reason why he felt the amount was excessive. Normally the trial court is more competent to determine the quantum of damages. In this case however, there was neither evidence nor material on which to base the quantum of damages. So the trial court’s In view of the fact that the adultery was more technical than immoral and therefore less reprehensible, it is just and equitable to uphold the lower figure of Shs. 100/= fixed by the appeal court. Accordingly the appellant is to pay Shs. 100/= compensation to the respondent whose wife he clearly if mistakenly took in adultery.