rashidi mohamed kasembe vs e 4475 pc magaka another 2016 tzhc 2076 8 april 2016

rashidi mohamed kasembe vs e 4475 pc magaka another 2016 tzhc 2076 8 april 2016

The accident was caused by the police vehicle driven by the 1st defendant, who was employed by the 2nd defendant. The 1st defendant's negligent and reckless driving resulted in bodily injury to the plaintiff. The defendants are vicariously liable. No cogent evidence of contributory negligence by the plaintiff. General damages awarded for injuries sustained.

Citation
rashidi mohamed kasembe vs e 4475 pc magaka another 2016 tzhc 2076 8 april 2016
Parties
Plaintiff: Rashidi Mohamed Kasembe; 1st Defendant: E. 4475 PC Magaka; 2nd Defendant: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 April 2016
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff
Legal Topics
Negligence, Vicarious Liability, Damages, Government Proceedings
Source Language
English
Tort Personal Injury Government Liability Negligence Vicarious Liability Damages Government Proceedings

Case Brief

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Parties

Rashidi Mohamed Kasembe

Plaintiff

E. 4475 PC Magaka

1st Defendant

Attorney General

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Was the accident caused by motor vehicle Land Rover 110, Registration Number STJ 552?
  2. 2 Was the vehicle driven by the 1st defendant at the time of the accident?
  3. 3 Was the 1st defendant employed by the 2nd defendant, making both liable?

Ratio Decidendi

The accident was caused by the police vehicle driven by the 1st defendant, who was employed by the 2nd defendant. The 1st defendant's negligent and reckless driving resulted in bodily injury to the plaintiff. The defendants are vicariously liable. No cogent evidence of contributory negligence by the plaintiff. General damages awarded for injuries sustained.

Court Disposition

judgment for plaintiff

Orders

  • Defendants to pay plaintiff Tshs. 25,000,000/- as general damages.
  • Decretal amount to carry interest at 7% from date of judgment until payment in full.