Na BETH MWALUSAKO
Dar es Salaam, March 16, 2009.
A PROMINENT Dar es Salaam lawyer has found himself dragged to court as defendant in a civil suit where the plaintiff is demanding over 150m/- in damages for alleged assault in a public place.
The plaintiff in the case is one Ms Mange Kimambi, and the defendant is none other than Sadock Dotto Magai of the leading private law firm Ishengoma, Masha, Mujulizi and Magai (IMMMA) Advocates.
Through her own lawyers Tenga and Partners Advocates, Ms Kimambi yesterday filed a suit at the High Court in the city, demanding payment by Magai of specific damages of 1,575,000/- and $24,120, plus general damages of 135m/-, plus costs of the suit and any other relief the court may grant.
The damages claim arises from an allegation of ’tortuous act of assault’ by Magai during an evening function at the Kilimanjaro Kempinski Hotel in the city last Sunday (March 15), which is alleged to have caused her ’’humiliation, injury, embarrassment, loss of dignity, and property.’’
According to the plaint, on the day of the incident she was attending a party at the hotel, sharing a table with some friends.
It was during the party that Magai, whom she said she had known for some years, is alleged to have approached their table and began causing a fracas of sorts.
The plaintiff said later, Magai started shouting loudly at her ’’for no apparent reason’’, insisting that she leave the room.
When she did not heed to the demand, he is said to have then decided to attack her, calling her insulting names, grabbing her blouse and forcefully pulling the plaintiff back and forth.
This, according to Ms Kimambi, caused one of her breasts to pop out of her bra and become fully exposed, also causing her to suffer great pain from a big scar on her breast resulting from a previous operation she had.
The fracas is said to have lasted for about four minutes, until one of the plaintiff’s friends and some other eyewitnesses apparently pleaded with the defendant to let her go, which he is said to have done with a forcible final push.
According to the plaint, the incident caused Ms Kimambi to suffer a lot of damages caused directly by the advocate by injuring her in person and her reputation, humiliating her, injuring her feelings and causing her to be ridicule by her colleagues and her prospective business clients.
She thus claims that she should be paid $7,000 as costs of redoing the operation on the injured breast at a hospital in Dubai; $1,600 as costs for Dar-Dubai-Dar return air tickets for her and her attendant; $700 for costs of staying in hospital for at least one week; and $7,000 for two weeks’ stay at a hotel for her and three weeks for her attendant.
She also claims payment of another 150,000/- being costs for lost jewelery; $7,000 and 75,000/-being cash money that she was carrying in her handbag; and another $ 820 for a mobile iphone 3G she also claims to have lost that night.
She is furthermore demanding payment of general damages for loss of reputation as an unmarried Muslim girl, plus loss of reputation for her business; damages of humiliation, physical pain, injury of feelings, ridicule and loss of business.
The case is now awaiting the fixing of a mention date as well as the assignment of a High Court judge to preside over it.
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