By Kusekwa Kusekwa
The High Court at Arusha has ordered Lodhia Steel Industries Limited and their driver, Mohamed Abdallah Mbugu, to pay Leopard Tours Limited over Sh.271m for crashing into their vehicle at Kambi ya Mkaa, Kikatiti, at the Moshi-Arusha Road on June 16, 2023.
Delivering the judgement, Judge Frank Mahimbali held that Leopard Tours Limited, the Plaintiff, succeeded to prove negligence and vicarious liability against Lodhia Steel Industries Limited, the first defendant and Mohamed Abdallah Mbugu, the second defendant.
“The plaintiff has strictly proved substantial losses. The defendants are liable and the insurer must indemnify within the scope of the policy. The balance shall all be paid by the defendants jointly and severally,” the judge declared.
The payments include medical bills (2,046,000/-), hotel accommodation (1,689,969/-), refund to Kobo Safaris (6,650,400/-), towing charges (400,000/), vehicle repair (164,062,446/-), other immediate costs as proved, general damages (50m/-) and loss of income (25m/-).
Leopard Tours Limited is a tour business company that had sought compensation for damages after a Mitsubishi Fuso Truck (Reg. No. T.887 AHA) owned by the Steel Company and driven by Mr Mbugu collided head-on with a Toyota Land Cruiser with registration number T.420 BZU that belonged to the steel company.
