Thwala O.B.O And Another Vs The Teaching Service Commission And 3 Others (43 of 2021) [2022] SZSC 26 (13 July 2022)

Case summary
Delict - Vicarious liability - High Court dismissing claim for damages on the basis that Plaintiff failed to prove that Defendants (Respondents) were vicariously liable as there was no formal contract of employment - Plaintiff (Appellant) contending that relationship between wrong-doer (student teacher) and Respondents analogous to that of employer­ employee - High Courtft1iling to consider whether relationship is sufficiently analogous to employer-employee relationship - Held that on the agreed facts relationship is sufficiently analogous t6 employer-employee relationship - Held fi1rther that matter be remitted to High Court for quantification of damages

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