na TZHC Mwanza 14

na TZHC Mwanza 14

The Bus Company was given a full opportunity to be heard through its representative and is vicariously liable for the negligent act of its employee, who caused damage to the respondent's sewing machine during the course of employment.

Citation
na TZHC Mwanza 14
Parties
Appellant (original Defendant): United Bus Service Ltd.; Respondent (original Plaintiff): Ungwl Bituro
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 1970
Procedural Posture
Civil Appeal / High Court Appellate Judgment
Outcome
Appeal dismissed
Legal Topics
Vicarious Liability, Negligence, Carrier's Liability
Source Language
English
Tort Law Employment Law Vicarious Liability Negligence Carrier's Liability

Case Brief

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Parties

United Bus Service Ltd.

Appellant (original Defendant)

Ungwl Bituro

Respondent (original Plaintiff)

Procedural Posture

Civil Appeal / High Court Appellate Judgment

Legal Issues

  1. 1 Whether the Bus Company was properly made a party and given an opportunity to be heard on appeal
  2. 2 Whether the Bus Company is vicariously liable for the negligent act of its employee resulting in damage to the respondent's sewing machine

Ratio Decidendi

The Bus Company was given a full opportunity to be heard through its representative and is vicariously liable for the negligent act of its employee, who caused damage to the respondent's sewing machine during the course of employment.

Court Disposition

Appeal dismissed

Orders

  • United Bus Service Ltd. to pay shs.1250 to the respondent as compensation for the damaged sewing machine.