19901130 TZCA Mwanza2

19901130 TZCA Mwanza2

The appellant was clearly and outrightly negligent in failing to provide adequate warning of the road diversion, and there was no basis for apportioning liability to the respondent's driver. The special damages awarded were reasonable and properly proved. The award for non-user of the vehicle was reasonable and not arbitrary.

Citation
19901130 TZCA Mwanza2
Parties
Appellant: M/S G.S.L.E. s.p.a.; Respondent: Hamoud Said
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 November 1990
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed in part
Legal Topics
Negligence, Contributory Negligence, Damages, Motor Vehicle Accident
Source Language
English
Tort Civil Procedure Negligence Contributory Negligence Damages Motor Vehicle Accident

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

M/S G.S.L.E. s.p.a.

Appellant

Hamoud Said

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant was solely negligent for the accident
  2. 2 Whether contributory negligence should be apportioned to the respondent's driver
  3. 3 Whether special damages were strictly proved

Ratio Decidendi

The appellant was clearly and outrightly negligent in failing to provide adequate warning of the road diversion, and there was no basis for apportioning liability to the respondent's driver. The special damages awarded were reasonable and properly proved. The award for non-user of the vehicle was reasonable and not arbitrary.

Court Disposition

appeal dismissed in part

Orders

  • Appeal dismissed except for the deduction of TZS 18,000 for funeral expenses from the award.
  • Respondent to have costs.