RULING OF THE COURT
On 1st day of July, 1999 the superior court (Mbogholi Msagha, J) entered judgment against the defendant, who is the applicant here, in the sum of Shs.9,127,331/00 plus costs and interest. The respondent was the plaintiff in the superior court. He was at the material time an employee of the applicant and was shot by robbers whilst he was carrying out his duties as a salesman. His duties included selling of milk on behalf of the applicant. He had two loaders with him and the driver of the vehicle in question was in the employment of the owner of the vehicle. The cabin of the vehicle has a safe affixed on the floor thereof. The respondent would put the cash in that safe.
Whilst the respondent was seated in the vehicle robbers pretending to be buyers of milk approached him and demanded money at gun-point. He was shot in the neck as a result of which he sustained very serious injuries.
What we have now before us is an application under rule 5(2)(b) of the Rules of this Cou…