Nyema v. Lupogo (PC) Civ. App. 99-D-70; 1/3/71; Hamyln J.

 

Nyema v. Lupogo (PC) Civ. App. 99-D-70; 1/3/71; Hamyln J.

The appellant sued the respondent for damages for adultery with his wife. The Primary Court awarded him damages of Shs. 800/-. The District Court reduced the damages to Shs. 700/-. On appeal to the High Court,

Held: (1) “In so far as the quantum of damages is concerned, it is clear that the sum of Shs. 800/- is very excessive and ought to have been reduced by the District Court. The District Court magistrate, in considering the amount which ought to be allowed has mad the following observations on the records:- “The respondent claimed Shs. 800/-. This amount appears to be well out of proportion. After all, the woman herself appeared to have had no interest with the respondent. She kept herself ready to move with anyone she approved. As such it would be quite improper to condemn another person for the looseness of the woman”. I think that the district Court magistrate has very fairly described the circumstances surrounding this matter and has given very sufficient reasons for his differing from the decision of the Primary Court. I can see no objection whatever to such decision. (2) Appeal dismissed.