scandnavian express service ltd vs gift eric mbowe 2011 tzca 158 1 november 2011

scandnavian express service ltd vs gift eric mbowe 2011 tzca 158 1 november 2011

The appeal was allowed because the evidence relied upon by the trial court to find negligence—specifically the sketch plan and witness testimony—was either inadmissible or insufficient. The respondent failed to discharge the burden of proof on a balance of probabilities, and thus the finding of negligence and the award of damages could not stand.

Citation
scandnavian express service ltd vs gift eric mbowe 2011 tzca 158 1 november 2011
Parties
Appellant: Scandinavian Express Service Ltd; Respondent: Gift Eric Mbowe
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 November 2011
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Negligence, Admissibility of Evidence, Burden of Proof, Damages
Source Language
English
Tort Evidence Negligence Admissibility of Evidence Burden of Proof Damages

Case Brief

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Parties

Scandinavian Express Service Ltd

Appellant

Gift Eric Mbowe

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the damage to the respondent's motor vehicle was caused by the appellant's driver's negligent driving
  2. 2 Whether the evidence admitted was sufficient and properly admitted to establish negligence
  3. 3 Whether the award of damages was justified

Ratio Decidendi

The appeal was allowed because the evidence relied upon by the trial court to find negligence—specifically the sketch plan and witness testimony—was either inadmissible or insufficient. The respondent failed to discharge the burden of proof on a balance of probabilities, and thus the finding of negligence and the award of damages could not stand.

Court Disposition

appeal allowed

Orders

  • judgment of the High Court set aside
  • costs awarded to the appellant