Two Precision Air crash survivors seek Sh7.2 billion compensation

Kawiche is demanding $1,896,195 (about Sh5 billion), while Josephine is claiming $849,771 (about Sh2.28 billion).

The accident

The crash occurred on November 6, 2022 when the flight, which had departed from Julius Nyerere International Airport (JNIA) in Dar es Salaam, attempted to land at Bukoba Airport amid poor weather conditions.

On board were two pilots, 39 passengers and two flight attendants. Seventeen passengers and both pilots lost their lives when the plane crashed into Lake Victoria, while 24 passengers survived with varying degrees of injuries.

An initial report by the Tanzania Civil Aviation Authority (TCAA) indicated that the pilots encountered heavy rain, thunderstorms and low visibility as they approached the airport.

Extent of injuries

According to court documents, Kawiche sustained spinal disc displacements, psychological trauma and stress-related disorders. Josephine reported head injuries, abrasions, a knee injury, tissue damage in her legs and post-traumatic stress.

Preliminary objections dismissed

Precision Air, through lawyer Gerald Nangi, filed preliminary objections challenging the lawsuits on grounds of legal defects and limitation periods.

The airline argued that the claims were time-barred and that the court lacked jurisdiction.

However, after listening to arguments, High Court Judge Hussein Mtembwa of the Dar es Salaam Registry dismissed those objections. In Kawiche’s case, Precision Air argued that the suit was filed beyond the one-year limitation period applicable to compensation claims. However, Kawiche’s lawyer, Patrick Malewo, countered that the case fell under tort law, which allows a three-year filing period.

Judge Mtembwa agreed with the plaintiff, ruling that the claim stemmed from negligence, not contractual compensation, and thus fell within the three-year statutory limit. He noted that the suit, filed before 6 November 2025, was within time.

Court affirms jurisdiction

Precision Air also challenged the validity of the plaint, claiming it did not sufficiently establish the court’s jurisdiction.

However, the judge found that the facts presented — that the crash occurred near Bukoba, the airline’s headquarters are in Dar es Salaam, and the claim amount is within the court’s financial jurisdiction — were adequate.

Judge Mtembwa further ruled that even without explicit citation of the legal foundation, the court could proceed to hear the case based on the facts supporting the cause of action.

Josephine’s case

In Josephine’s case, the defendants similarly filed a preliminary objection citing procedural irregularities.

However, they failed to file written submissions as directed by the court, leading Judge Mtembwa to dismiss the objection.

Next steps

With the preliminary objections dismissed, the cases filed by Kawiche and Josephine against Precision Air will proceed to full hearing at the High Court.