20130718 TZHC Dar es Salaam

20130718 TZHC Dar es Salaam

The police breached their duty of care by failing to remove an iron bar from the cell and not keeping close watch over a known intoxicated and disruptive detainee, enabling the opportunity for suicide; plaintiff is entitled to general damages for shock but not special damages or costs.

Citation
20130718 TZHC Dar es Salaam
Parties
Plaintiff: Mariam Omari; 1st Defendant: The Attorney General; 2nd Defendant: The O.C.S. Msimbazi Police Station
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 July 2013
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for plaintiff
Legal Topics
Negligence, Duty of Care, Police Liability, Damages
Source Language
English
Tort Law Civil Procedure Negligence Duty of Care Police Liability Damages

Case Brief

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Parties

Mariam Omari

Plaintiff

The Attorney General

1st Defendant

The O.C.S. Msimbazi Police Station

2nd Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the death of the plaintiff's son was due to personal strangulation or police negligence
  2. 2 Whether the plaintiff is entitled to compensation as a result of her son's death
  3. 3 To what other reliefs are the parties entitled

Ratio Decidendi

The police breached their duty of care by failing to remove an iron bar from the cell and not keeping close watch over a known intoxicated and disruptive detainee, enabling the opportunity for suicide; plaintiff is entitled to general damages for shock but not special damages or costs.

Court Disposition

Judgment for plaintiff

Orders

  • Plaintiff awarded Tzs.6,000,000/= as general damages for shock
  • No award for special damages