20151231 TZHC Dar es Salaam

20151231 TZHC Dar es Salaam

The trial court erred in finding contributory negligence without evidence, awarded inadequate general damages given the 50% permanent incapacity, and wrongly denied special damages that were strictly proved. The claim for constant care grant was unsupported by legal authority. Interest was properly awarded from the date of judgment, not from the cause of action.

Citation
20151231 TZHC Dar es Salaam
Parties
Appellant: Hassan Suleiman Mohamed; 1st Respondent: Mustani J. Mkono; 2nd Respondent: Zainabu Jumanne Mrosso; 3rd Respondent: Alliance Insurance Corporation
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 December 2015
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal partly allowed and partly dismissed
Legal Topics
Negligence, Damages, Special Damages, General Damages, Interest on Judgment Debt
Source Language
English
Tort Law Personal Injury Negligence Damages Special Damages General Damages Interest on Judgment Debt

Case Brief

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Parties

Hassan Suleiman Mohamed

Appellant

Mustani J. Mkono

1st Respondent

Zainabu Jumanne Mrosso

2nd Respondent

Alliance Insurance Corporation

3rd Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred in holding the appellant contributed to the accident without proof
  2. 2 Whether the award of general damages was adequate given the extent of incapacity
  3. 3 Whether special damages were wrongly denied despite proof

Ratio Decidendi

The trial court erred in finding contributory negligence without evidence, awarded inadequate general damages given the 50% permanent incapacity, and wrongly denied special damages that were strictly proved. The claim for constant care grant was unsupported by legal authority. Interest was properly awarded from the date of judgment, not from the cause of action.

Court Disposition

appeal partly allowed and partly dismissed

Orders

  • General damages increased from Tshs. 10,000,000 to Tshs. 15,000,000
  • Special damages of Tshs. 2,261,000 awarded