Abdullah Ramadhani v. Asinate Kimomwe, (PC) Civ. 103-A-67, 20/9/68, Platt J.
The plaintiff brought an action for damage to his crops caused by the spread of fire from the defendant’s shamba to the plaintiff’s land. The
Held: (1) The civil action was not banned by the successful appeal in the criminal proceeding, for the basis of liability is different.
(2) In regard to civil liability, the court stated: “If a person stars a fire on his shamba and it spreads into somebody else’s shamba, of course, he cannot plead that if was merely bad luck. It is necessary for a person who starts fire in his shamba to control it, and if he cannot or does not control it, and it spreads into somebody else’s shamba, he must pay compensation for the damages he has done.
(3) The court did not believe the compensation erroneous and did not disturb the award.
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