nyanza road works ltd vs hessein bahaji 2017 tzhc 2222 25 may 2017

nyanza road works ltd vs hessein bahaji 2017 tzhc 2222 25 may 2017

Appellant's lorry caused destruction of electrical wires leading to damage of respondent's television; evidence established causation and quantum of damages on balance of probability; general damages reduced as original award was excessive.

Citation
nyanza road works ltd vs hessein bahaji 2017 tzhc 2222 25 may 2017
Parties
Appellant: Nyanza Road Works Ltd; Respondent: Hussein Bahaji
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 May 2017
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal partly allowed
Legal Topics
Negligence, Damages, Evidence
Source Language
English
Tort Civil Liability Negligence Damages Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Nyanza Road Works Ltd

Appellant

Hussein Bahaji

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether appellant was negligent in causing destruction of respondent's property
  2. 2 Whether respondent proved causation and quantum of damages
  3. 3 Whether general damages awarded were excessive

Ratio Decidendi

Appellant's lorry caused destruction of electrical wires leading to damage of respondent's television; evidence established causation and quantum of damages on balance of probability; general damages reduced as original award was excessive.

Court Disposition

appeal partly allowed

Orders

  • Appellant to pay Tshs. 1,815,000 as value of destructed television
  • Appellant to pay Tshs. 5,000,000 as general damages