mariam mussa messo vs boniface chesco myovele others 2017 tzhc 2217 10 february 2017

mariam mussa messo vs boniface chesco myovele others 2017 tzhc 2217 10 february 2017

The plaintiff failed to plead or prove that the suit was brought for the benefit of any dependant of the deceased as required by section 4(1) of Cap. 310; thus, she lacked locus standi and the suit could not be maintained.

Citation
mariam mussa messo vs boniface chesco myovele others 2017 tzhc 2217 10 february 2017
Parties
Plaintiff: Mariam Mussa Messo; 1st Defendant: Boniface Chesco Myovele; 2nd Defendant: Aquarius Roadways Transport Company Limited; 3rd Defendant: Liberty Express (Tanzania) Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 February 2017
Procedural Posture
Civil Case / Judgment After Ex Parte Hearing
Outcome
Suit dismissed
Legal Topics
Wrongful Death, Vicarious Liability, Fatal Accidents, Procedural Requirements for Standing
Source Language
English
Tort Law Civil Procedure Wrongful Death Vicarious Liability Fatal Accidents Procedural Requirements for Standing

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Parties

Mariam Mussa Messo

Plaintiff

Boniface Chesco Myovele

1st Defendant

Aquarius Roadways Transport Company Limited

2nd Defendant

Liberty Express (Tanzania) Limited

3rd Defendant

Procedural Posture

Civil Case / Judgment After Ex Parte Hearing

Legal Issues

  1. 1 Whether the plaintiff has locus standi to claim compensation for wrongful death under section 4(1) of the Law Reform (Fatal Accidents and Miscellaneous Provisions) Act, Cap. 310 R.E 2002
  2. 2 Whether the defendants are vicariously liable for the death of the deceased
  3. 3 Whether the plaintiff is entitled to damages for wrongful death

Ratio Decidendi

The plaintiff failed to plead or prove that the suit was brought for the benefit of any dependant of the deceased as required by section 4(1) of Cap. 310; thus, she lacked locus standi and the suit could not be maintained.

Court Disposition

Suit dismissed

Orders

  • Suit dismissed with no order as to costs