Magobe Mkale v. Gembe Kanoni, (LC) Civ. App. 34-D-64 20/9/67, Saidi J.

Magobe Mkale v. Gembe Kanoni, (LC) Civ. App. 34-D-64 20/9/67, Saidi J.

Defendant agreed to haul some oranges by dhow for plaintiff. Plaintiff brought the oranges to the agreed dock, but the dhow had gone elsewhere, and the oranges spoiled before plaintiff could find another shipper. Defendant was an employee of the owner of the dhow.

            Held: The owner of the dhow is the party who should have been sued; the action against defendant was dismissed. The Court stated, “…..(Defendant) signed the agreement on behalf of the owner of the boat, and if anything went wrong as far as the agreement was concerned it was the owner of the boat who was responsible under vicarious liability.”