19890727 TZHC Dar es Salaam

19890727 TZHC Dar es Salaam

The third defendant's negligence was the sole cause of the accident. The second defendant, as employer, is vicariously liable as the third defendant was acting in the course of employment. The first defendant is not liable as there was no master-servant relationship or right of control over the third defendant.

Citation
19890727 TZHC Dar es Salaam
Parties
Plaintiff: Vedasto Rweimbiza; First Defendant: The Germany Agency for Technical Cooperation; Second Defendant: The University of Dar es Salaam; Third Defendant: Msimbe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 July 1989
Procedural Posture
Civil Case / Judgment
Outcome
Judgment for the plaintiff against the second and third defendants jointly and severally; suit against the first defendant dismissed with costs.
Legal Topics
Negligence, Vicarious Liability, Damages, Personal Injury, Motor Vehicle Accident
Source Language
English
Tort Law Negligence Vicarious Liability Damages Personal Injury Motor Vehicle Accident

Case Brief

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Parties

Vedasto Rweimbiza

Plaintiff

The Germany Agency for Technical Cooperation

First Defendant

The University of Dar es Salaam

Second Defendant

Msimbe

Third Defendant

Procedural Posture

Civil Case / Judgment

Legal Issues

  1. 1 Whether the defendants are liable for damages resulting from a motor vehicle accident involving the plaintiff
  2. 2 Whether the first defendant is vicariously liable for the actions of the third defendant
  3. 3 Whether the second defendant is vicariously liable for the actions of the third defendant

Ratio Decidendi

The third defendant's negligence was the sole cause of the accident. The second defendant, as employer, is vicariously liable as the third defendant was acting in the course of employment. The first defendant is not liable as there was no master-servant relationship or right of control over the third defendant.

Court Disposition

Judgment for the plaintiff against the second and third defendants jointly and severally; suit against the first defendant dismissed with costs.

Orders

  • Second and third defendants to pay the plaintiff TZS 155,600 jointly and severally.
  • Interest at 7% per annum from the date of suit to the date of judgment, and on the decretal amount from the date of decree.