20140806 TZHC Dar es Salaam

20140806 TZHC Dar es Salaam

The respondents were passengers in the appellant's cargo vehicle; the trial court did not shift the burden of proof; special damages must be strictly proved, only Tshs. 120,000/= was proved; blanket awards of damages are erroneous and must be separated; general damages were reassessed and awarded accordingly.

Citation
20140806 TZHC Dar es Salaam
Parties
Appellant: Umesh M. Chohan; Respondent: Ashura J. Omari; Respondent: Asha Mohamed Itowela
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 August 2014
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal partly succeeded
Legal Topics
Negligence, Damages, Burden of Proof, Passenger Definition
Source Language
English
Tort Civil Procedure Negligence Damages Burden of Proof Passenger Definition

Case Brief

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Parties

Umesh M. Chohan

Appellant

Ashura J. Omari

Respondent

Asha Mohamed Itowela

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the respondents were passengers in the appellant's cargo vehicle
  2. 2 Whether the trial court improperly shifted the burden of proof
  3. 3 Whether special damages were awarded without proof

Ratio Decidendi

The respondents were passengers in the appellant's cargo vehicle; the trial court did not shift the burden of proof; special damages must be strictly proved, only Tshs. 120,000/= was proved; blanket awards of damages are erroneous and must be separated; general damages were reassessed and awarded accordingly.

Court Disposition

Appeal partly succeeded

Orders

  • Appellant to pay 1st Respondent Tshs. 120,000/= as special damages
  • Appellant to pay 1st Respondent Tshs. 350,000/= for artificial leg