20150630 TZHC Dr es Salaam

20150630 TZHC Dr es Salaam

The 2nd and 3rd defendants are vicariously liable for the negligent acts of the 1st defendant, who shot the plaintiff while acting in the course of employment. Special damages were not awarded due to lack of strict proof, but general damages were awarded for permanent disability and loss of earning capacity.

Citation
20150630 TZHC Dr es Salaam
Parties
Plaintiff: Masoud Abdallah; 1st Defendant: Paul Mway; 2nd Defendant: Inspector General of Police Force; 3rd Defendant: Honourable Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 June 2015
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff in part
Legal Topics
Vicarious Liability, Negligence, Personal Injury, Damages
Source Language
English
Tort Law Employment Law Vicarious Liability Negligence Personal Injury Damages

Case Brief

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Parties

Masoud Abdallah

Plaintiff

Paul Mway

1st Defendant

Inspector General of Police Force

2nd Defendant

Honourable Attorney General

3rd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the 2nd and 3rd defendants are vicariously liable for the tortious acts of the 1st defendant
  2. 2 Whether the plaintiff is entitled to payment of Tshs 42,008,000 as special damages
  3. 3 Whether the plaintiff is entitled to general damages as a result of permanent disability due to the shooting

Ratio Decidendi

The 2nd and 3rd defendants are vicariously liable for the negligent acts of the 1st defendant, who shot the plaintiff while acting in the course of employment. Special damages were not awarded due to lack of strict proof, but general damages were awarded for permanent disability and loss of earning capacity.

Court Disposition

Judgment for the plaintiff in part

Orders

  • Defendants to pay plaintiff Tshs 36,000,000 as general damages
  • Interest at court rate of 12% per annum from date of filing to date of full payment