Simon v. Mpangala (PC) Civ. App. 175-D-69; 13/4/70; Hamlyn J.

Simon v. Mpangala (PC) Civ. App. 175-D-69; 13/4/70; Hamlyn J.

The appellant, as original plaintiff brought a claim for loss of the services of his daughter by reason of the respondent having made his daughter pregnant. The Primary Court awarded Shs. 240/- being for the seduction and Shs. 760/- being the amount of school fees paid by the girl’s father from the time that she first went to school until the time of seduction. On appeal by the respondent, the District Court disallowed the sum of Shs. 760/- on the ground that it was the duty of a father to educate his child. On appeal to the High Court, the appellant contended that he should be awarded the additional sum of Shs. 760/- because his daughter’s further education had been interfered with.

            Held: (1) “……. I am in full agreement with the reasoning of the District Court for the past learning of the girl has not been lost by reason of the act of the respondent. Such education as she received during the time that she progressed from Standard I to Standard VII remains with her and the pregnancy has not affected her in this respect.” (2) “It is not in dispute that the girl had completed Standard VII and was dismissed from the school on account of her pregnancy shortly before the final examinations took place. It would I think be somewhat speculative on the part of this Court to surmise that she would have succeeded in such examination ant have obtained a place in a Secondary school; that is an assumption which certainly I am not prepared to make, and on such ground this Court cannot increase the sum allowed to the father of the child. I am however prepared to find that the sum of Shs. 240/-for loss of services of the girl is on the low side; it is true that the District Court found that, as the girl was schooling at Matombo in Morogoro while the father lived in Dar es Salaam, there could be no loss of services. It is however unnecessary to show that such services are substantial for the parent to recover, and the fact that, during the school holidays the girl returned home and rendered such services suffices. I consequently, while upholding the decision of the District Court to dis-allow the sum of Shs. 760/- for school fees for the girl, substitute for the sum of Shs. 240/- for the father’s loss of services of the girl, an amount of Shs. 500/-.” (3) Appeal allowed in part.