19940614 TZHC Dar es Salaam

L \E, '2__,t\-0_::j ¥7 C IN 'l'BE man COURr OF TANZANIA j) 15 ~~ AT DAR E3 SALAAM CIVIL CASE NO ••• ,.. ••• ••••• 61 OF 1988 MZI!& SROMARI RON"GO!lERO••••••• ••• ••PLAINTIFF' VERSUS ... • • •. • • • • • • • 1st DEFENDA...W . DEO KOMBA • • • •• • • • • • • •1;i• NATIONAL INSURANCE CO'.RPORATION, LIMITED ••• ••••••••••••'!,'•••••••••• 2ND IEF.ENDANT JU D,G ME li T. In these prooeedillt.,"'8 which had proceeded ex - parte the plaintiff· ? ~ · SHOMARI RONG,PHERO, bei.ng the husband of the deceased ( Mwanaidi) lurs, sued the defendants DEO KOMBk and the National Insurance Coporation (hereinafter to be referred as the first and second defendants respectively) in what if genera.Uy . ,1 termed as a m.Dlling down case. ~ plaintiff: .in W,s. jWj.t. has'.: . .f· !") . lodged a claim for shs. 396,000/= beilflg special damages for loss of service of bis d.ece~ed wife;,j' flme:r~. expense,, l•ss of consortuimi and ·general damages f[>r nervous. shook suffe:r:ed by him aJ3 a result of the -- c. ..:~~= deatho Evidence led by PoWel MZEE SilDMARl wa,3 to the effect that he is the husband of one RWAJ.1'iuDI ALLY. It is f'u.rther in bis.: deposition that on the 13th June 1906 at about 2.26 p.m. the said • HW.AlfAIDI ALLY wc:V3 lmoclmd do,;m. by a JnOtorvehiole,, bearinc Registration . a NWilber TZ, 59465, as she was lawful.]$ crossing a pedestrian zebra crossing along the Morocco road.within the city of Dar es Salaam. It is in eVidence that at the material period the fimt defendant was driving the fireatatcd vehicle which is o-wned by himself., It ::c:". :f11.rlher deposed that the first defendant did negli~ently_ and/ without due oare and attention in that he droge at a speed which was too ~ high in the circumstances and thus lie failed to sho:w- down or otherwise·_- c take any steps so as to avoid knocking down the deceased who at the ' . . mat~rial period was a pedestrian crossing a pedestrians t crossing ( See Exhibit P0 2)~ It is again established in evidcmoe that by rec.eru:i. of the aforesaid negligent acts the said MWANAIDI ( the plaintiff's wife) was killed inStantlye That she is dead is bome onto in the death certificate ohioh was produced and adoi tted-, in evidence ( E:xhibit P.1}. 0 It is not irrelevant to mention that the f i:rst defendant was: V oba.rged and oimmitad by the Tra.ff;o Court a.t ICiVUkoni Dar es Sa.laam . of ca.using death by reckless d r i ~ in Traffic Criminal oa.se No. 4056 of 1906 and ~ oonsequent'.cy sentences to a. fine of abs• 'JJJ,000/,,,.. It is the pla.intiffi'S assertion ..Ghat by reason of the aforesaid negligence and wrongful action he haa suffered the following special damagesi- (a) loss. of his wife 1s ~deceased) serV'ioe in the matrimonial ho.ce due to her witimely death as she died when she was at the aee of 37 yeaI:B• He has thus been compelled to \ '7 eneage tho serv-ice of a house gi:rl fo:r domestic chored~ (b) Funeral ..(.::~pens es amowiti.no to the tune of shs. _":IJ,ooo/= . ··, ,' ') . :· ·•;.·! .:.,,,r ~ t' (cJ Loss of his 'lf'!i.fe•s- conso:rt.uinli amounting to shs 0 100,000/= and ( d) General da.mages for nervous shook suffered by him (Plaintiff}' as a result of the death of his wife. These _ damages have been estimated a.s shs. r:IJ,OOO/me It is also the plaintiff's case that the said motorvehicle involved in the accident now in queslion is .enjoined by the law to have at the minimum a third party insurance policy with the second defendant ~- (n. I C) TO PRCYl'ECT THE OTHER ROAD USERS. As the seoond defendant l:iae the sole monopoly of the inSurance business in this country and has not adduced evidence to the cont:ro:ey it iS eafe and rea.sonablo in the cirow.:eta.nces to assume that at the material pericc1. the said_ plaintiff's vabicle was covered by M insuranoc policy to cover the risk which ha.s occured. I I have been satisfied on tho tff'ailable unconuoverted evidence thl\t the plaintiff has mo,..e tha.a elill)ly established hi& ola..i.m jointly and aevero.l1y !!!&'ainst the defendan·ts·. In th~ ~ult,. I ~rdin{sly en.ter judgment in favour of the plaintU'f as pr~~d :_j.n the plaint. It is so oJ.'liered• IELIVERED nt :MR ES Sil,AAM in Char:ibe~ this 14th da.y of J1.U1e 1994 in the presence o~ Mr. Maira lea.med counsel for tho plaintiff•· 't.- JI ,,"J• . :NJKWAWA: J"LIDGE M/o/19;>4 I certify that this- is a true copy of the oricinal.