This is an appeal arising from the judgment of the High
Court of Tanzania at Mwanza. In the Resident Magistrate’s Court of Mwanza, the
Appellant sued the Respondents jointly and severally for the payment of special
and general damages arising from a road accident. According to the Appellant,
on 23/10/2007, he was a passenger in a bus travelling from Musoma to Mwanza,
driven by the first Respondent. The said bus collided with another passenger’s
bus and as a result the Appellant sustained bodily injuries, dislocation of the
back bone, hip joint injuries, head injuries, three teeth lost strength, and he
claimed to have suffered mental confusion and loss of conjugal rights and
enjoyment.
The trial court dismissed the Appellant’s claim for lack of
merit. Dissatisfied he filed an appeal to the High Court. The High Court
entertained the appeal and at the end, awarded the Appellant Tshs. 500,000/=as
general damages for the pain and suffering he encountered. Still aggrieved with
the amount awarded, the Appellant has come to this Court on a second appeal.