(12,650,000 TZS) per year through carpentry and farming. As a direct result
of the Respondent’s actions, he has lost this income for the past seventeen
(17) years. Consequently, he requests an award of Two Hundred and
Fifteen Million, Fifty Thousand Shillings (215,050,000 TZS) for lost income
during incarceration. He also avers that his family spent Eleven Thousand
Shillings (11,000 TZS) visiting him in prison and prays for a reimbursement
of the travel expenses.
*
156. The Respondent State prays that the prayer for reparations be dismissed.
***
157. The Court recalls that for a claim for material prejudice to be granted, an
applicant must show a causal link between the established violation and the
loss suffered, and further prove the loss suffered.65 Furthermore, the
Applicant must provide justification for the amounts claimed.66 The
Applicant must also provide acceptable evidence to prove expenses
allegedly incurred, such as receipts for the payments.67
158. In the instant case, the Court observes that the Applicant does not provide
any documentary evidence to support his claim and fails to establish a
nexus between the alleged violations and the harm suffered. The Court,
therefore, dismisses this prayer.
65
See Guehi v. Tanzania, supra, § 181; Zongo and Others v. Burkina Faso (reparations), § 62; Henerico
v. Tanzania, supra, § 180.
66 Zongo and Others v. Burkina Faso (reparations), supra, § 81; and Mtikila v. Tanzania (reparations),
supra, § 40.
67 Christopher Jonas v. United Republic of Tanzania (reparations) (25 September 2020) 4 AfCLR 545,
§ 20; Guehi v. Tanzania, supra, § 18.
43