paul joseph shirima vs guido k kinkedo 1987 tzca 62 24 september 1987

paul joseph shirima vs guido k kinkedo 1987 tzca 62 24 september 1987

The appellant failed to keep to his side of the road, and the physical evidence and witness testimony supported the respondent's version; negligence was attributed to the appellant, barring him from compensation.

Source-derived case information.

Citation
paul joseph shirima vs guido k kinkedo 1987 tzca 62 24 september 1987
Parties
Appellant: Paul Joseph Shirima; Respondent: Guido M. Kinabo
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
24 September 1987
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Negligence, Motor Vehicle Accident, Compensation for Damages
Source Language
english
Tort Civil Procedure Negligence Motor Vehicle Accident Compensation for Damages

Source-derived case record

Summary, issues, holding and outcome

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Parties

Paul Joseph Shirima

Appellant

Guido M. Kinabo

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

  1. 1 Whether the appellant was entitled to compensation for damages and injuries resulting from a motor vehicle accident
  2. 2 Whether the appellant or respondent was negligent in causing the accident

Ratio Decidendi

The appellant failed to keep to his side of the road, and the physical evidence and witness testimony supported the respondent's version; negligence was attributed to the appellant, barring him from compensation.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed with costs