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Advocate Magai wa IMMA ashtakiwa kwa shambulio

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by Zanaki, Mar 20, 2009.

  1. Z

    Zanaki JF-Expert Member

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    A Dar es Salaam businesswoman, Ms Mange Kinambi, has sued Mr Sadock Dotto Magai, an advocate from IMMA Advocates Company, claiming over 150m/- for tortuous assault at the Kilimanjaro Kempinski Hotel last Sunday.

    Through Tenga and Partners Advocates, the city businesswoman filed the suit at the High Court yesterday, demanding for specific damages of 1,575,000/- and $24,120 and general damages of 135m/- and costs of the suit — plus any other relief the court may grant.

    It is alleged that on March 15, this year, Ms Kinambi and her two friends, namely, Nafue Nyange and Lona Mashiba, went to Kilimanjaro Kempinsk Hotel for a party. On arrival, they met another friend, Matukio Chuma, with whom they later joined another friend, Rita Mchaki.

    While at the area, she ( Kinambi) bumped into the advocate whom she had known since 2003. The latter was sharing a table with one Bashiri Awale, who is also her friend and one Sandra, a girlfriend of the advocate. Some 20 minutes into the party room, the advocates went to their table and pulled Nyange and went to the manager of the Kempinski bar and when they went back they found Ms Kinambi on the dancing floor with her friends.

    While still at the dancing floor, for no apparent reason, the advocate started shouting at her, demanding that she should leave the room, and was subsequently attacked when she refused to obey the advocate’s demands - calling her bad names. It is alleged that the advocate later grabbed her, pulling her bra back and forth, exposing her breast in public.

    The action of pulling Ms Kinambi back and forth also allegedly caused her a lot of pain, particularly on her breast which had to undergo an operation – from which grew a big scar. The assault lasted nearly four minutes, during which Ms Kinambi’s friends pleaded with the advocate not to assault her to no avail. Finally, Good Samaritans interceded, pleading with him not to hurt the woman.

    Eventually, the advocate pushed the woman away with great force, from which the woman suffered both physical and personal injury - humiliating her, injuring her feelings and exposing her to public ridicule before her colleagues and prospective business clients.

    Ms Kinambi is demanding $7,000 as costs of carrying out anew the operation on the injured breasts at the hospital in Dubai, $1,600 in return flights for her and her attendant, $700 for costs of staying in hospital for one week and $7,000 for two weeks in hotel accommodation for her and three weeks for her attendant.

    She is also claiming 150,000/- in lost jewellery, a hand bag containing $7,000, some 75,000/- in local currency and a mobile phone valued at $820. She also demands general damages for loss of reputation as an unmarried Muslim girl and loss of reputation of her business, damages of humiliation, physical pain, injury of feelings, ridicule and loss of business.


    Daily News | Advocate booked for assault
     
  2. Susuviri

    Susuviri JF-Expert Member

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    Na wakome mijitu inayopenda kudhalilisha wanawake! Sasa mwnasheria mzima anafanya vituko vya kariakoo? Wacha ashtakiwe na ikiwezekana amlipe dada fidia yote anayodai!
     
  3. Kapinga

    Kapinga JF-Expert Member

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    What an embarrasement to the profession!!
     
  4. B

    Bulesi JF-Expert Member

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    People with questionable intergrity have invaded the profession!! You also have "KANJANJAS" in the legal profession!!
     
  5. Kapinga

    Kapinga JF-Expert Member

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    this is goin to finish him. He better settle out of court for his own good (family wise) and the reputation of IMMMA.
     
  6. MwanajamiiOne

    MwanajamiiOne Platinum Member

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    Hawa wanajuana toka zamani but Magai. Shame on you man!!
     
  7. Shapu

    Shapu JF-Expert Member

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    Mkuu nimeipenda hii sana "She also demands general damages for loss of reputation as an unmarried Muslim girl and loss of reputation of her business, damages of humiliation, physical pain, injury of feelings, ridicule and loss of business." Especially the bold one"

    Kazi kweli kweli
     
  8. Chakaza

    Chakaza JF-Expert Member

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    Hivi hii haikupaswa kuwa kesi ya jinai? 'shambulio la kudhuru mwili' au kuna jingine hapa?
     
  9. Kapinga

    Kapinga JF-Expert Member

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    Magai lazma ataokoka mwaka huu!!
     
  10. Yo Yo

    Yo Yo JF-Expert Member

    #10
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    aaaah utamu hafai utamu hafai......mnajionea wenyewe......huyu mange kaolewa Dubai huko na mshefa.....alikwenda kutafutani na mabwana za watu?...

    .......nionavyo kuna conflict of interest kati ya Magai 4 what i know they were lovers b4........
     
  11. MwanajamiiOne

    MwanajamiiOne Platinum Member

    #11
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    Kwani kuna yaliyomsibu mengine zaidi ya hili? Au unatabiri kesi itakuwa ngumu kwake?
     
  12. M

    Mfumwa JF-Expert Member

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    Una tatizo naye nini?, ama kuna lingine?
     
  13. Kapinga

    Kapinga JF-Expert Member

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    kesi ngumu sijui atamwambia nini wife wake . wakati evidence na camera za hoteli zinaonyesha yupo na girlfriend na kupigana na wanawake!!
    kesi ngumu..dili kusettle.
     
  14. WomanOfSubstance

    WomanOfSubstance JF-Expert Member

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    What an irony and hypocrisy!
    Ms Kimambi always claims to be living with her mzungu tycoon in Dubai... ghafla now her reputation as an "unmarried muslim gal "has been tarnished!..kwenye kutafuta hela hakuna kuona haya..hapa akiwa na bahati ata strike a gold mine!
    When will wonders cease!?
    Coming to the case itself.... she should be prepared for more embarrassment and ridicule during cross examination kama anaogopa embarrassment...

    Ila Magai nae kama mwanasheria ought to have realised that what he did was tantamount to assault, causing grievous harm... all sorts of tortious liabilities....
    Lets see how he will disentangle himself from this mess!
     
  15. Kilbark

    Kilbark JF-Expert Member

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    She is a gold digger thats all. They can settle down their differences outside court room don't you think? Now there is something behind. Some people are pulling strings on her and she is just an enforcer. Let us watch and see this game I'm going to get my pop corn and juice. What if Mr Magai was drunk can you accuse him? Cause he was sub consciuos. I'm not at any side of the two whether Mange Kimambi or Mr Magai. But that girl is a gold digger.
     
  16. WomanOfSubstance

    WomanOfSubstance JF-Expert Member

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    Inaweza kuwa zote - jinai na daawa. Mtu mjanja mwenye kujua sheria atazipelekesha zote... uzuri wa daawa unaweza kudai fidia kama anavyofanya huyu bibie. Kwenye jinai mtuhumiwa atapata adhabu ya kifungo, fine au both na pengine kuamriwa pia kulipa fidia.
     
  17. MwanajamiiOne

    MwanajamiiOne Platinum Member

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    Hapa ni kisasi cha kuachwa tu....... unless we know the reason behind ya Magai kumfukuza Mange ndani ya Chumba cha Mziki cha Hotel ya Kempisky ambayo hana umiliki nayo.
     
  18. P

    Pascal Mayalla JF-Expert Member

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    Kesi ya shambulio la kudhuru mwili ni kesi ya jinai, (criminal case) kama mhusika angeamua kuipeleka polisi. Ila uwepo wa kesi ya jinai, hauondoi uwezekano wa kesi ya madai (civil suit). Tena kungeweza hata kuongezwa shitaka la uvunjifu wa amani. Kempinski pia ingeweza kumfungulia madai ya kuturnish its reputation.
    Ni vile hatuna wanasheria wa kutosha na watu kutatambua haki zao mbele ya sheria. Kwenye kila ajali za magari, zaidi ya wahusika kufikishwa mahakamani, waathirika pia wanaweza kufungua kesi ya madai dhidi ya wamiliki wa magari hayo na wanastahili kulipwa fidia. In tz ni mwenye mali ndie anayelipwa fidia na bima.
    Nikirejea kwenye issue husika, there is something fishy kwenye hii kesi, ni mambo ya kukomoana tuu. Ni kesi ya wivu wa mapenzi. Magai ni mtoto wa mjini kama alivyo Masha na Mange ni Shankupe aliyemaliza.
     
  19. MwanajamiiOne

    MwanajamiiOne Platinum Member

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    Come again please..... why Magai mtoto wa mjini na Mange shankupe aliyemaliza? Unataka kusema Mange si wa mjini au?
     
  20. TIMING

    TIMING JF-Expert Member

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    Wakubwa, JF ina heshima sana na kabla ya kurusha sentensi tujaribu kujitenganisha na hulka ya zeutamu;

    Ninajua kuna wanaJF walikuwepo pale siku ile na walishuhudia vurugu iliyotokea, hapakuwa na shambulio la kudhuru (tuache ushabiki kidogo tu ili kuwa reasonable)

    The history na mange ze utamu, magai and several people in dar iko wazi sana

    wazo langu - lets get facts right ili tubehave kama great thinkers,

    nina uhakika comments nyingi za hapo juu ni za kishabiki au hisia... what if there is another case ya defamation iko kwenye pipeline with heavier evidence?

    They say "two can play that game" and watch this space = the two have started that game - knuk knuk!!!!!!
     
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