The Respondent, purchased an air ticket from the Appellant from Arusha to Tabora via Dar es Salaam. Upon arrival at Tabora, his luggage was nowhere to be seen. Eventually it was declared as having been lost. He was paid an initial sum of Tshs. 40,000/= for the disturbance. When it was established that the luggage was lost the Appellant paid the Respondent the equivalent of US $260 calculated from the standard fixed rates of US $ 20 per kilo lost. The Respondent was dissatisfied with the sum paid to him for the loss suffered and instituted a suit before the Resident Magistrate’s Court praying for, inter alia, specific damages and general damages. The trial court awarded the Respondent reliefs as prayed for. The Appellant appealed to the High Court.

