20010914 TZCA Arusha

20010914 TZCA Arusha

The evidence did not establish that the driver acted in the course of employment or negligently; the act was deliberate and mischievous, thus vicarious liability does not attach to the employer.

Citation
20010914 TZCA Arusha
Parties
Appellant: NOREMCO (Project Manager); Respondent: Josephat Urio
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
14 September 2001
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal allowed
Legal Topics
Vicarious Liability, Negligence, Deliberate Act, Collusion
Source Language
English
Tort Employment Law Vicarious Liability Negligence Deliberate Act Collusion

Case Brief

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Parties

NOREMCO (Project Manager)

Appellant

Josephat Urio

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the driver acted in the course of employment
  2. 2 Whether the act was negligent or deliberate
  3. 3 Whether there was collusion between the driver and respondent

Ratio Decidendi

The evidence did not establish that the driver acted in the course of employment or negligently; the act was deliberate and mischievous, thus vicarious liability does not attach to the employer.

Court Disposition

appeal allowed

Orders

  • Judgment of High Court set aside
  • Order for appellant to pay repair costs reversed