Tanzania Case Law

registered trustees of avengerical lutheran church of tanzania southern diocese vs sigrada wilhem mligo 2023 tzhc 22769 14 november 2023

Court

TZHC

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.

Source excerpt

• Negligence
• Vicarious liability
• Damages
• Dependants
• Contributory negligence
• Non-joinder of parties

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kyela district council another vs leonard mwinuka 2021 tzhc 9405 17 december 2021

Court

TZHC

Negligence and duty of care were proved by the respondent through the 2nd appellant's guilty plea and evidence; vicarious liability attached to the employer; award of general damages was excessive and reduced to Tshs. 10,000,000/-.

Source excerpt

• Negligence
• Vicarious liability
• General damages
• Duty of care
• Contributory negligence
• Locus standi

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green view education alliance ltd vs thobias andrea 2020 tzhc 878 29 may 2020

Court

TZHC

The High Court held the appellant breached a transport contract by ending it without notice, but reduced damages because the respondent also failed to maintain the vehicle.

• Breach of contract
• Compensation
• Proper party
• Contributory negligence
• Breach-of-contract
• Contract-damages

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CIVIL APPEAL NO 30 OF 2020 HJORDIS FAMMESTAD VS ABSA BANK TANZANIA LIMITED ANOTHER

Court

TANZLII

The Court held that the electronically recorded proceedings are the official record in the Commercial Division, but lack of certification by the Deputy Registrar rendered the record of appeal incomplete and invalid for determination of the cross appeal. Leave was granted to the cross appellant to file a supplementary record with certified proceedings within 60 days.

Source excerpt

• Certification of court records
• Official record of proceedings
• Commercial court procedure
• Contributory negligence
• Bank account mandates

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CIVIL APPEAL NO 223 OF 2020 HUSSEIN ALLY KANDORO VS KISMA TRANSPORT COMPANY LIMITED

Court

TANZLII

The respondent, as employer, owed a duty of care to the appellant and breached it by providing a truck with known mechanical defects, leading to the appellant's injury. However, the appellant contributed to the accident by continuing to drive the defective vehicle, warranting a reduction in damages awarded.

Source excerpt

• Negligence
• Duty of care
• Personal injury
• Contributory negligence
• Special damages
• General damages

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dimond motors ltd vs k group t ltd 2019 tzca 425 20 november 2019

Court

TZCA

The Court of Appeal partly allowed a civil appeal, upholding liability issues over agency and procedural objections but reducing interest and apportioning loss between the parties.

• Agency
• Contributory negligence
• Interest on judgment debt
• Successor judge jurisdiction
• Contributory-negligence
• Interest-on-judgment-debt

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tanzania 2000 adventure limited vs reliance insurance company tz limited 2018 tzhc 2235 6 september 2018

Court

TZHC

The High Court granted leave to appeal to the Court of Appeal, finding the proposed grounds raised prima facie arguable issues on contributory negligence and damages.

• Leave to appeal
• Contributory negligence
• Assessment of damages
• Leave-to-appeal
• Contributory-negligence
• Assessment-of-damages

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sharaf shipping agency t ltd vs barclays bank t ltd another 2018 tzhccomd 16 9 february 2018

Court

TZHCCOMD

The High Court held the defendants liable after cheques drawn for named payees were paid to Bugwema Investment without authority. The plaintiff recovered USD 55,000 plus damages and costs.

• Fraudulent cheque processing
• Conversion
• Strict liability
• Contributory negligence
• Banking duties
• Fraudulent-cheque-processing

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abdallah shamte matimbwa vs utete urban water supply authority uteuwsa 2017 tzhc 2198 10 february 2017

Court

TZHC

The High Court found the defendant liable in negligence for a child’s drowning in a water trench, while also holding the mother partly responsible.

• Negligence
• Contributory negligence
• Damages
• Contributory-negligence
• Civil-liability
• Water-utility-liability

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GENERAL MANGER AFRICAN BARRICK GOLD MINE LIMITED VS CHACHA KIGUHA AND OTHERS 0001

Court

TANZLII

The appellant breached its duty of care by conducting mining operations and blasting explosives at close proximity to the respondents' residence, causing nuisance. Although illness causation was not proved, nuisance was established. The respondents contributed to their injury by constructing a house in breach of statutory requirements, warranting reduction of damages.

Source excerpt

• Negligence
• Duty of care
• Nuisance
• Compensation
• Contributory negligence
• Jurisdiction

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