NORTH MARA GOLD MINE LIMITED VS. EMMANUEL MWITA MAGESA CIVIL APPEAL NO. 271 OF 2019.

Abstract

HELD (i) An appellate court, like this one, will only interfere with concurrent findings of fact only if it is satisfied that "they are on the face of it unreasonable or perverse" leading to a miscarriage of justice, or there have been a misapprehension of evidence or a violation of some principle of law. (ii) It is a cardinal principle of law that, in civil cases, the burden of proof lies on the party who alleges anything in his favors.Respondent did not prove the case before the trial court to the required standard. (iii) The doctrine of vicarious liability is based on the principle that the master or principal is liable for (tortious acts or omissions of his servant or agent, committed in the course of the servant's or agent's employment, being part of the common law, is undoubtedly, part of the law of this country. Appeal allowed..