Aloys Ignas v. Simeo s/o Mulokozi, Civ. App. 5-D-68, 5/11/68, Saidi J.

Aloys Ignas v. Simeo s/o Mulokozi, Civ. App. 5-D-68, 5/11/68, Saidi J.

Defendants had tried to enter a room near one occupied by their father, plaintiff’s tenant. Plaintiff asked them to leave, and they threw him down and beat him. Plaintiff was only slightly injured. Defendants were convicted of assault, the Primary Court magistrate fining them and, noting that they were liable for damages as well, directing plaintiff to begin civil proceedings. Plaintiff did so, losing in Primary Court on the grounds that it was necessary to prove serious injury or material loss. The District Court reversed, awarding damages of Shs. 100/- on his claim for Shs. 600/-.

            Held: (1)An assault victim may claim at least nominal damages for distress, and need not prove material loss or serious  personal injury. Citing Clerk & Lindsell on Torts, 12^th ed., par. 619. (2) The Primary Court should have awarded compensation of Shs. 100/- which seems a reasonable sum on the facts, in the criminal proceedings, under Primary Courts Criminal Procedure Code, Paragraph 5; had it done so, the case would not have taken two years to be settled, as ultimately happened.