abdulahi mohamed ismail vs kilem engineering co ltd 2019 tzhc 15802 30 july 2019

abdulahi mohamed ismail vs kilem engineering co ltd 2019 tzhc 15802 30 july 2019

The 2nd defendant, as occupier and employer, was vicariously liable for the negligent acts and omissions of his security guard, which directly caused the death of the plaintiff's daughter. There was no evidence of professional or supervisory negligence by the 1st, 3rd, or 4th defendants.

Source-derived case information.

Citation
abdulahi mohamed ismail vs kilem engineering co ltd 2019 tzhc 15802 30 july 2019
Parties
Plaintiff: Abdullahi Mohamed Isman; 1st Defendant: Kilem Engineering Co. Ltd; 2nd Defendant: Benitho Thadei Chengula; 3rd Defendant: Mewa Consulting Engineering Co.; 4th Defendant: Ilala Municipal Council
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 July 2019
Procedural Posture
Civil / Judgment
Outcome
suit granted in part
Legal Topics
Negligence, Vicarious Liability, Occupier's Liability, Damages, Statutory Duties
Source Language
english
Tort Law Employment Law Construction Law Negligence Vicarious Liability Occupier's Liability Damages Statutory Duties

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Parties

Abdullahi Mohamed Isman

Plaintiff

Kilem Engineering Co. Ltd

1st Defendant

Benitho Thadei Chengula

2nd Defendant

Mewa Consulting Engineering Co.

3rd Defendant

Ilala Municipal Council

4th Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendants acted negligently in causing the death of the plaintiff's daughter
  2. 2 If so, to what extent are the defendants liable
  3. 3 What reliefs are the parties entitled to

Ratio Decidendi

The 2nd defendant, as occupier and employer, was vicariously liable for the negligent acts and omissions of his security guard, which directly caused the death of the plaintiff's daughter. There was no evidence of professional or supervisory negligence by the 1st, 3rd, or 4th defendants.

Court Disposition

suit granted in part

Orders

  • 2nd defendant to pay plaintiff TZS 20,000,000 as funeral costs
  • 2nd defendant to pay plaintiff TZS 100,000,000 as general damages