Ndaruvyariye s/o Burankusiye v. Yusufu Barakabitse, (PC) Civ. App. 46-D-68, 24/10/68. Duff J.

Ndaruvyariye s/o Burankusiye v. Yusufu Barakabitse, (PC) Civ. App. 46-D-68, 24/10/68. Duff J.

Plaintiff was beaten by the three defendants. In an earlier criminal proceeding the court, pursuant to s.176 Crim. Proc. Code ordered each defendant (they were accused in the other case) to pay Shs. 22/35 to plaintiff. Unsatisfied with this award, plaintiff instituted the present civil action seeking further damages. The district court ordered each defendant to pay Shs. 350/- for a total of Shs. 1,050/-.

            Held: The award of compensation under s. 176 is not a ban to a subsequent civil action. In such a subsequent action the court shall take into account the amount awarded in the earlier case. (s. 178(3), Crim. Proce. Code). As the Court did not find the sums awarded excessive in light of injuries inflicted on plaintiff, the appeal was dismissed.