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Tanzania decisions
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The Court of Appeal upheld liability for an employee’s fatal shooting during a cash transfer, but reduced the damages award after correcting the assessment method.
The Court of Appeal held that a knowing trespasser was not entitled to compensation for improvements, but reduced general damages for loss of use from TZS 100 million to TZS 30 million.
The Court of Appeal held that the students had paid tuition fees, upheld vicarious liability, and reduced damages to the amount pleaded.
The broker, by issuing the policy and collecting premium on behalf of the insurer, acted as the insurer's agent. Payment of premium to the broker constituted payment to the insurer, making the policy valid. The insurer was liable to indemnify the insured, and the awards of special and general damages were justified and not excessive.
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The 1st defendant negligently caused the accident resulting in the death of Mark Thomas Hammond. The plaintiff proved funeral expenses and incidental costs, but failed to prove loss of prospective income due to contradictions in evidence. The 2nd defendant, as vehicle owner, and the 3rd defendant, as insurer, are jointly liable for damages. Specific and general damages awarded as per proven claims, with interest and costs.
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The High Court held that a mortgagor could lawfully discharge a mortgage after a sale to a bona fide purchaser, reversed breach of contract findings, and reduced damages.
The appellant failed to comply with the contractual requirement to give written notice of termination, constituting breach. Ownership of project properties, including the vehicle, was not proved to be with the appellant and remains with the respondent as per registration and lack of contrary evidence. Damages awarded by the trial court were within its discretion and based on evidence. The appeal lacked merit and was dismissed.
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High Court appeal over personal injury damages. The court affirmed special damages, increased general damages to Tshs.25,000,000, and allowed the appeal with costs.
The High Court of Tanzania held that the plaintiff proved ownership of 450 pine trees, found the defendant trespassed and harvested them, and awarded damages.
The High Court awarded the plaintiff compensation for stolen and damaged household goods, gave general damages, and dismissed a demurrage counterclaim.
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