19821202 TZHC Dar es Salaam3

19821202 TZHC Dar es Salaam3

The 2nd defendant, acting within the scope of his employment with the 1st defendant, negligently caused injury to the plaintiff. The 1st defendant is vicariously liable. The plaintiff is entitled to general damages assessed at shs. 60,000 plus costs.

Citation
19821202 TZHC Dar es Salaam3
Parties
Plaintiff: Naushad M. H. Virji; 1st Defendant: Tanz International F.S. Limited; 2nd Defendant: Pius F. Lukamilewa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 December 1982
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's suit succeeds. Judgment for plaintiff.
Legal Topics
Negligence, Vicarious Liability, Personal Injury, Damages
Source Language
English
Tort Law Negligence Vicarious Liability Personal Injury Damages

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Parties

Naushad M. H. Virji

Plaintiff

Tanz International F.S. Limited

1st Defendant

Pius F. Lukamilewa

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the 2nd defendant was negligent and caused injury to the plaintiff
  2. 2 Whether the 1st defendant is vicariously liable for the acts of the 2nd defendant
  3. 3 Quantum of damages payable to the plaintiff

Ratio Decidendi

The 2nd defendant, acting within the scope of his employment with the 1st defendant, negligently caused injury to the plaintiff. The 1st defendant is vicariously liable. The plaintiff is entitled to general damages assessed at shs. 60,000 plus costs.

Court Disposition

Plaintiff's suit succeeds. Judgment for plaintiff.

Orders

  • General damages of shs. 60,000 awarded to plaintiff
  • Costs of the suit awarded to plaintiff