rashid wahi omari v murzah soap detergent limited and two others 2022 tzhc 15835 20 december 2022

rashid wahi omari v murzah soap detergent limited and two others 2022 tzhc 15835 20 december 2022

The Plaintiff proved on a balance of probabilities that the Defendants' negligence caused the accident and resulting damages. The Third Party insurer is liable to indemnify the 1st Defendant for the repair cost of the Plaintiff's written-off vehicle, as per the insurance policy. The Plaintiff is entitled to special damages as proved, compensation for loss of revenue, and general damages, but not to interest for lack of sufficient cause.

Citation
rashid wahi omari v murzah soap detergent limited and two others 2022 tzhc 15835 20 december 2022
Parties
Plaintiff: Rashid Wahi Omari; 1st Defendant: Murzah Soap Detergent Limited; 2nd Defendant: Omary Yahaya Issa; Third Party: Mo Assurance Company Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 December 2022
Procedural Posture
Civil / Judgment
Outcome
Judgment for the Plaintiff in part
Legal Topics
Negligence, Motor Vehicle Accident, Third Party Insurance, Damages
Source Language
English
Tort Law Insurance Law Negligence Motor Vehicle Accident Third Party Insurance Damages

Case Brief

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Parties

Rashid Wahi Omari

Plaintiff

Murzah Soap Detergent Limited

1st Defendant

Omary Yahaya Issa

2nd Defendant

Mo Assurance Company Limited

Third Party

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Plaintiff suffered damages in connection with the traffic accident
  2. 2 Whether there was negligence on the part of the Defendants
  3. 3 Whether the Plaintiff negligently contributed to the traffic accident

Ratio Decidendi

The Plaintiff proved on a balance of probabilities that the Defendants' negligence caused the accident and resulting damages. The Third Party insurer is liable to indemnify the 1st Defendant for the repair cost of the Plaintiff's written-off vehicle, as per the insurance policy. The Plaintiff is entitled to special damages as proved, compensation for loss of revenue, and general damages, but not to interest for lack of sufficient cause.

Court Disposition

Judgment for the Plaintiff in part

Orders

  • 1st Defendant to pay Plaintiff TZS 7,720,000 as special damages for fuel, transportation of dead body, vehicle transport, and security charges.
  • 1st Defendant to pay Plaintiff TZS 25,200,000 as compensation for loss of revenue under the contract.