The compensation follows a lengthy legal battle that began after Hassan, who travelled to watch Simba SC’s international clash with Wydad Casablanca in April 2023, failed to recover his belongings despite repeated follow-ups
Dar es Salaam. The High Court has upheld a ruling requiring Turkish Airlines to compensate Simba Sports Club official Hassan Othman Hassan with Sh36 million after his luggage went missing on a flight to Morocco.
The compensation follows a lengthy legal battle that began after Hassan, who travelled to watch Simba SC’s international clash with Wydad Casablanca in April 2023, failed to recover his belongings despite repeated follow-ups.
His missing luggage included clothes, three pairs of Italian shoes, medication for blood pressure and ulcers, gifts for business contacts, and a container carrying 10 kilogrammes of honey.
Turkish Airlines, headquartered in Istanbul and flying to 340 destinations in 129 countries, including Tanzania, operates a fleet of over 400 aircraft.
On April 26, 2023, Mr Hassan boarded flight TK0604 from Dar es Salaam to Casablanca via Istanbul.
He checked in his luggage at Julius Nyerere International Airport (JNIA), expecting to collect it upon arrival.
However, when he landed in Casablanca, his luggage was missing. Despite immediately reporting the issue at Casablanca Airport and repeatedly following up with the airline, his bag was never traced, even after his return to Tanzania.
Feeling aggrieved, Mr Hassan filed Civil Case No. 194 of 2023 at the Kisutu Resident Magistrate’s Court, demanding Sh200 million in general damages for psychological suffering, plus Sh50 million in punitive damages, interest of 21 percent from the filing date, and a declaration that Turkish Airlines’ handling of his luggage amounted to negligence.
On December 13, 2024, Resident Magistrate-in-Charge Benard Nyaki ordered the airline to compensate him Sh36 million for the distress and inconvenience caused.
The airline appeals
Unhappy with the ruling, Turkish Airlines lodged an appeal at the High Court, represented by advocate Nathalia Michael.
The airline raised six grounds, arguing that: the magistrate had failed to properly evaluate the complainant’s evidence; the award of Sh36 million was excessive and unsupported; and the finding of negligence was legally flawed.
The airline further contended that the complainant was informed his luggage had been located at Swissport offices in Dar es Salaam on May 8, 2023, just 15 days after going missing.
According to their argument, under international aviation law, compensation only applies when luggage is delayed by 21 days or more.
The defence’s stance
Mr Hassan, represented by lawyer Nehemia Mkoko, dismissed the airline’s claims as unsubstantiated.
He argued that no credible evidence showed Turkish Airlines had properly communicated the recovery of the luggage.
The High Court ruling
Delivering judgment on August 28, 2025, Justice Awamu Mbagwa dismissed the appeal, ruling that Turkish Airlines had indeed failed in its duty of care.
The judge noted that: All communication was between Hassan and Swissport, not Turkish Airlines.
The airline’s witness admitted under oath that no direct email or message had ever been sent to Hassan confirming his luggage’s arrival.
As the carrier, Turkish Airlines bore the legal responsibility to keep its customers informed.
“Instead, the respondent proved that his luggage was mixed up or lost, and by the time he testified in court, he had still not been handed his luggage,” ruled Justice Mbagwa.
On the issue of damages, Turkish Airlines argued that compensation should have been capped at $1,311 (approx. Sh3.4 million) in line with the Montreal Convention.
But Justice Mbagwa disagreed, citing Article 22(6) of the Convention, which grants domestic courts discretion to assess and decide compensation claims.
He stressed that Tanzanian courts are not barred from awarding damages they deem fair and just.
Final decision
The judge concluded that the Kisutu court had properly evaluated the evidence and reached a sound decision.
He dismissed the airline’s appeal in its entirety, ordered it to pay Mr Hassan Sh36 million, and further directed Turkish Airlines to shoulder the costs of the case.
The ruling reinforces passenger rights under both international and domestic law, affirming that airlines operating in Tanzania must take full responsibility for the safety of passengers’ luggage and maintain clear communication in cases of loss or delay.
For Hassan, the victory marks the end of a two-year legal battle. For Turkish Airlines, the case serves as a costly reminder of the consequences of failing to meet international aviation obligations.
