Nakalema v Michalistanos and Another
Nakalema v Michalistanos and Another (Civil Appeal No. 37 of 1956) [1950] EACA 172 (1 January 1950)
The facts proved established a prima facie case that the second respondent was acting within the scope of his employment at the time of the accident, as he was driving a tractor he was employed to drive for the first respondent. There was no evidence to rebut the presumption that he was engaged in his employer's business. The burden of disproving scope of employment was upon the employer, especially as the matter was within her knowledge, pursuant to section 105 of the Evidence Ordinance. The trial judge erred in concluding otherwise and in failing to follow proper practice by not requiring t…
Source excerpt
- Vicarious Liability
- Scope Of Employment
- Burden Of Proof
- Negligence
- Damages For Death