CIVIL APPEAL NO 120 OF 2021 FAUSTINE CONSTANTINE MNGANYA 3 OTHERS VS RASHID JAFARI 2 OTHERS

CIVIL APPEAL NO 120 OF 2021 FAUSTINE CONSTANTINE MNGANYA 3 OTHERS VS RASHID JAFARI 2 OTHERS

The appellants proved entitlement to TZS 5,000,000 as specific damages for funeral expenses and TZS 50,000,000 as general damages for the 1st appellant due to loss of consortium and support. The 2nd, 3rd, and 4th appellants failed to prove dependency or entitlement to damages. The trial court erred in not awarding proven specific damages and in its assessment of general damages for the 1st appellant.

Citation
CIVIL APPEAL NO 120 OF 2021 FAUSTINE CONSTANTINE MNGANYA 3 OTHERS VS RASHID JAFARI 2 OTHERS
Parties
1st Appellant: Faustine Constantine Mng'anya; 2nd Appellant: Ulirick Faustine Mng'anya; 3rd Appellant: Faustine Constantine Mng'anya (Late a minor, now of majority); 4th Appellant: Agness Faustine Mng'anya (Late a minor, now of majority); 1st Respondent: Rashid Jafari; 2nd Respondent: Jeetendra Prabhudas Zaverchan; 3rd Respondent: Maxinsure (Tanzania) Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal allowed in part
Legal Topics
Negligence, Vicarious Liability, Motor Vehicle Accident, Compulsory Insurance, Assessment of Damages
Source Language
English
Tort Law Insurance Law Negligence Vicarious Liability Motor Vehicle Accident Compulsory Insurance Assessment of Damages

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Parties

Faustine Constantine Mng'anya

1st Appellant

Ulirick Faustine Mng'anya

2nd Appellant

Faustine Constantine Mng'anya (Late a minor, now of majority)

3rd Appellant

Agness Faustine Mng'anya (Late a minor, now of majority)

4th Appellant

Rashid Jafari

1st Respondent

Jeetendra Prabhudas Zaverchan

2nd Respondent

Maxinsure (Tanzania) Limited

3rd Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellants are entitled to compensation for the death of the deceased caused by the 1st respondent's negligent driving
  2. 2 Whether the 2nd, 3rd, and 4th appellants were dependents entitled to damages
  3. 3 Whether the trial court erred in its assessment and award of damages

Ratio Decidendi

The appellants proved entitlement to TZS 5,000,000 as specific damages for funeral expenses and TZS 50,000,000 as general damages for the 1st appellant due to loss of consortium and support. The 2nd, 3rd, and 4th appellants failed to prove dependency or entitlement to damages. The trial court erred in not awarding proven specific damages and in its assessment of general damages for the 1st appellant.

Court Disposition

Appeal allowed in part

Orders

  • 1st appellant awarded TZS 5,000,000 as specific damages and TZS 50,000,000 as general damages, jointly and severally payable by respondents, with 7% interest from judgment date until payment in full and costs of the suit.
  • Claims by 2nd, 3rd, and 4th appellants dismissed.