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Tanzania decisions
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The act of fighting was not within the scope of employment for grazing cattle and is an independent act; vicarious liability does not attach. The district court breached the right to be heard and execution procedures, rendering its decisions invalid.
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The appellant is vicariously liable for the loss caused by its employees' negligence, as established by their conviction. The contract covered all property on the respondent's premises, including third-party property. The respondent proved specific damages through unchallenged tax invoices. The trial court's award of interest at the maximum rate was not justified and is reduced to 7% per annum from the date of judgment.
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Plaintiff failed to prove on a balance of probabilities that he was injured during the eviction or that the injury was caused by the Defendants; medical and testimonial evidence was inconsistent and did not support the claims; special damages were not strictly proved.
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The High Court found the defendants jointly and severally liable for a road accident and awarded transport costs and general damages, while rejecting other special damage claims.
The applicant demonstrated good cause for extension of time due to a defective certificate of delay not attributable to the applicant and the presence of apparent illegalities in the High Court judgment. Granting extension would not prejudice the respondent and serves the overriding objective of expeditious justice.
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The applicant has established that the 1st respondent is not a party to the main suit and has a claim for indemnity and contribution substantially connected to the plaintiff's claim. Granting leave avoids multiplicity of proceedings and serves the interest of justice.
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The appellant, having been convicted of theft in his personal capacity and not having appealed that conviction, cannot now claim to be the wrong party in the civil suit for recovery of the stolen motorcycle's value. The civil claim was properly brought against him, and both lower courts committed no error in so holding.
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Plaintiffs failed to prove that the 1st defendant's actions during surgery or post-surgery fell below established medical standards or constituted negligence. No evidence established vicarious liability of the 2nd defendant or negligence by the 3rd defendant. The burden of proof was not discharged; thus, no liability attaches to any defendant.
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The appellant is vicariously liable for the negligent act of its driver, who caused the accident resulting in the deceased's death. The respondent established dependency and income of the deceased, justifying the award of general damages. Non-joinder of the owner of the passengers' vehicle and alleged contributory negligence did not affect the appellant's liability. The appeal lacks merit and is dismissed.
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The appellant was bound by the acts of its director who executed the mortgage deed, admitted guarantee in pleadings, and failed to discharge liability; the mortgage deed was not void or unenforceable, and the issue of registration was an afterthought not raised at trial. The appeal was unmerited and dismissed.
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