High Court judge Justice Bharat Patel has ordered the police to pay $5 000 to a constitutional reform activist as damages for assault.
Justice Patel delivered the ruling on Monday after a National Constitutional Assembly (NCA) activist Monday Bopoto Nyandoro sued the police for damages.
Nyandoro says in court papers that he was taking part in a “peaceful demonstration” organised by NCA on November 5 2005, along Julius Nyerere Way, when he was assaulted, arrested and detained by police.
Nyandoro’s lawyers said in court papers that their client was assaulted and detained for four days without any charges being preferred against him.
He sustained injuries to his chest, back and under his feet and had to undergo medical treatment at the Avenues Clinic, where he was hospitalised for four months.
As a result, he said, he was permanently disfigured, experienced pain and suffering and will continue to experience pain and suffering.
The total amount that he demanded was $9 789, 20 but the High Court granted him $5 000.
“Having regard to the foregoing findings and the legal guidelines applicable to the plaintiff’s specific claims, as well as the conditions prevailing in our economy, I am inclined to award the following amounts as special and general damages; transport costs $20, hospital expenses $80, loss of income $400, shock, pain and suffering
$1 500, future pain and suffering $750, contumelia.
$1 500, loss of amenities of life $250, disability and disfigurement $500,” Patel said in his judgment.
“In the result, judgment is granted in favour of the plaintiff as against the defendants for the payment of $5 000 as special and general damages for unlawful assault, interest on the foresaid sum at the prescribed rate of 5% per annum calculated from the date of the summons to the date of full and final payment, cost of suit,” Patel said in his judgment.