20190625 TZHC Dar es Salaam1

20190625 TZHC Dar es Salaam1

The court found that the 2nd defendant negligently caused the accident while acting in the course of employment with the 1st defendant, resulting in the plaintiff's partial permanent disability. However, the plaintiff failed to substantiate the claimed income and quantum for general damages. The court awarded special damages as proved and general damages assessed at a reasonable amount for pain and suffering.

Citation
20190625 TZHC Dar es Salaam1
Parties
Plaintiff: Antony Dawson Malya; 1st Defendant: Tanzania National Roads Agency; 2nd Defendant: Deodat Edward; 3rd Defendant: Permanent Secretary, Ministry of Works and Infrastructure; 4th Defendant: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 June 2019
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claim partly allowed
Legal Topics
Negligence, Damages, Vicarious Liability
Source Language
English
Tort Personal Injury Negligence Damages Vicarious Liability

Case Brief

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Parties

Antony Dawson Malya

Plaintiff

Tanzania National Roads Agency

1st Defendant

Deodat Edward

2nd Defendant

Permanent Secretary, Ministry of Works and Infrastructure

3rd Defendant

Attorney General

4th Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the 2nd defendant negligently caused the accident resulting in injury to the plaintiff
  2. 2 Whether the 1st defendant is vicariously liable for the acts of the 2nd defendant
  3. 3 Quantum of damages to be awarded

Ratio Decidendi

The court found that the 2nd defendant negligently caused the accident while acting in the course of employment with the 1st defendant, resulting in the plaintiff's partial permanent disability. However, the plaintiff failed to substantiate the claimed income and quantum for general damages. The court awarded special damages as proved and general damages assessed at a reasonable amount for pain and suffering.

Court Disposition

Plaintiff's claim partly allowed

Orders

  • Special damages of TZS 746,500 awarded
  • General damages of TZS 13,000,000 awarded