On 7th March 2006, along Iringa-Morogoro road, at Kaburi la Nyundo area within Kilolo District in Iringa Region, two lorries collided. One lorry was owned by the Plaintiff and the other by the Defendant. The driver of the Defendant’s lorry died on the spot while the driver of the other lorry was injured. Subsequently, the Plaintiff filed a suit based on negligence against the Defendant for being vicariously liable for the negligent actions of its employee, the deceased driver. The Plaintiff prayed for judgment and decree against the Defendant for various reliefs, including: special damages, an interest, general damages and costs of the suit. On the date of hearing the Defendant did not enter appearance. As a result, the Plaintiff prayed for ex parte proof of his case and the court actually granted the prayer. However, the Plaintiff did not prove most of the specific damages specifically.

