said issa yagaza vs richard machili manyika 2 others 2018 tzhc 2606 24 april 2018

said issa yagaza vs richard machili manyika 2 others 2018 tzhc 2606 24 april 2018

The trial court erred in finding the 1st respondent not negligent, as conviction for dangerous driving is conclusive evidence of negligence. The 2nd respondent is vicariously liable. The trial court improperly entered judgment against the third party without following mandatory third party procedure. Damages should be assessed based on proven pecuniary loss, and the appellant is entitled to Tshs.75,000,000/=. Interest is discretionary and not awarded.

Citation
said issa yagaza vs richard machili manyika 2 others 2018 tzhc 2606 24 april 2018
Parties
Appellant: Said Issa Yagaza; 1st Respondent: Richard Machili Manyika; 2nd Respondent: Abdallah Ally Mtumi; 3rd Respondent: Alex Makoyola
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 April 2018
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Negligence, Vicarious Liability, Third Party Procedure, Assessment of Damages, Fatal Accident Compensation, Interest on Damages
Source Language
English
Tort Insurance Civil Procedure Negligence Vicarious Liability Third Party Procedure Assessment of Damages Fatal Accident Compensation +1 more

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Parties

Said Issa Yagaza

Appellant

Richard Machili Manyika

1st Respondent

Abdallah Ally Mtumi

2nd Respondent

Alex Makoyola

3rd Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred by entering judgment directly against the third party instead of the defendants
  2. 2 Whether the trial court erred in assessing damages for the estate of the deceased
  3. 3 Whether the trial court erred by refusing to award interest on damages

Ratio Decidendi

The trial court erred in finding the 1st respondent not negligent, as conviction for dangerous driving is conclusive evidence of negligence. The 2nd respondent is vicariously liable. The trial court improperly entered judgment against the third party without following mandatory third party procedure. Damages should be assessed based on proven pecuniary loss, and the appellant is entitled to Tshs.75,000,000/=. Interest is discretionary and not awarded.

Court Disposition

appeal allowed in part

Orders

  • Decision of lower court quashed and set aside
  • Appellant awarded Tshs.75,000,000/= payable by 1st and 2nd respondents