umesh m chohan vs ashura j omari another 2014 tzhc 2163 6 august 2014

umesh m chohan vs ashura j omari another 2014 tzhc 2163 6 august 2014

The trial court did not err in referring to the respondents as passengers, nor did it shift the burden of proof. However, it erred in awarding special damages without strict proof and in making a blanket award of special and general damages. The appellate court reassessed and awarded only proven special damages and separately assessed general damages.

Citation
umesh m chohan vs ashura j omari another 2014 tzhc 2163 6 august 2014
Parties
Appellant: Umesh M. Chohan; Respondent: Ashura J. Omari; Respondent: Asha Mohamed Itowela
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 August 2014
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal partly succeeded
Legal Topics
Negligence, Damages, Burden of Proof, Passenger Status, Special Damages, General Damages
Source Language
English
Tort Law Civil Procedure Negligence Damages Burden of Proof Passenger Status Special Damages General Damages

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Parties

Umesh M. Chohan

Appellant

Ashura J. Omari

Respondent

Asha Mohamed Itowela

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred in referring to the respondents as passengers
  2. 2 Whether the burden of proof was improperly shifted to the appellant
  3. 3 Whether special damages were awarded without proof

Ratio Decidendi

The trial court did not err in referring to the respondents as passengers, nor did it shift the burden of proof. However, it erred in awarding special damages without strict proof and in making a blanket award of special and general damages. The appellate court reassessed and awarded only proven special damages and separately assessed general damages.

Court Disposition

appeal partly succeeded

Orders

  • Appellant to pay Tshs. 120,000 to the 1st respondent as special damages
  • Appellant to pay Tshs. 350,000 to the 1st respondent for artificial leg