ally said bakari vs managing director tanesco 2019 tzhc 246 13 december 2019

ally said bakari vs managing director tanesco 2019 tzhc 246 13 december 2019

The appellant suffered undisputed injury during employment; absence of documentary evidence should not bar compensation where facts are admitted. The trial court erred in not awarding general damages, which are at the court's discretion and need not be specifically proved. The appellant is entitled to compensation for pain, loss, and psychological impact.

Citation
ally said bakari vs managing director tanesco 2019 tzhc 246 13 december 2019
Parties
Appellant: Ally Said Bakari; Respondent: The Managing Director TANESCO
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 December 2019
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Workers Compensation, Negligence, General Damages, Burden of Proof
Source Language
English
Employment Law Tort Law Civil Procedure Workers Compensation Negligence General Damages Burden of Proof

Case Brief

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Parties

Ally Said Bakari

Appellant

The Managing Director TANESCO

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred in failing to give a well-reasoned judgment depriving the appellant of compensation for respondent's negligence
  2. 2 Whether the trial court failed to consider evidence and facts tendered by the appellant
  3. 3 Whether the appellant was entitled to compensation benefits including general damages for tort liability

Ratio Decidendi

The appellant suffered undisputed injury during employment; absence of documentary evidence should not bar compensation where facts are admitted. The trial court erred in not awarding general damages, which are at the court's discretion and need not be specifically proved. The appellant is entitled to compensation for pain, loss, and psychological impact.

Court Disposition

appeal allowed

Orders

  • Decision of Kinondoni Resident Magistrate Court set aside
  • Appellant awarded Tshs. 20,000,000/= as compensation