abdulrazak khalfan as constituted agent of iata vs nic ltd another 2004 tzhccomd 21 3 august 2004

abdulrazak khalfan as constituted agent of iata vs nic ltd another 2004 tzhccomd 21 3 august 2004

The 1st Defendant is in breach of the deed of guarantee by failing to pay the guaranteed sum after the Third Party's default. The 1st Defendant is liable to pay the plaintiff USD 95,000 with interest at 7% until full satisfaction and is entitled to indemnification by the Third Party to the extent of its liability.

Citation
abdulrazak khalfan as constituted agent of iata vs nic ltd another 2004 tzhccomd 21 3 august 2004
Parties
Plaintiff: Abdulrazak Khalfan as Constituted agent of IATA; 1st Defendant: National Insurance Corporation Limited; 2nd Defendant: Parastatal Sector Reform Commission; Third Party: M/S AMI Travel Bureau Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
3 August 2004
Procedural Posture
Commercial Case / Judgment
Outcome
Judgment for the plaintiff.
Legal Topics
Guarantee, Indemnity, Agency, Default, Locus Standi
Source Language
English
Contract Law Insurance Law Commercial Law Guarantee Indemnity Agency Default Locus Standi

Case Brief

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Parties

Abdulrazak Khalfan as Constituted agent of IATA

Plaintiff

National Insurance Corporation Limited

1st Defendant

Parastatal Sector Reform Commission

2nd Defendant

M/S AMI Travel Bureau Limited

Third Party

Procedural Posture

Commercial Case / Judgment

Legal Issues

  1. 1 Whether there was breach of deed of guarantee
  2. 2 Whether the defendants are entitled to be indemnified by the Third Party
  3. 3 To which relief(s) are the parties entitled

Ratio Decidendi

The 1st Defendant is in breach of the deed of guarantee by failing to pay the guaranteed sum after the Third Party's default. The 1st Defendant is liable to pay the plaintiff USD 95,000 with interest at 7% until full satisfaction and is entitled to indemnification by the Third Party to the extent of its liability.

Court Disposition

Judgment for the plaintiff.

Orders

  • Plaintiff granted judgment as prayed for USD 95,000 with interest at 7% until full satisfaction.
  • 1st Defendant entitled to indemnification by the Third Party to the extent of its liability to the plaintiff.