alliance life assurance ltd vs promotion of rula iniatives development enterprises ltd another 2019 tzhc 143 16 october 2019

alliance life assurance ltd vs promotion of rula iniatives development enterprises ltd another 2019 tzhc 143 16 october 2019

The Defendants breached the insurance contract by failing to pay outstanding premiums, causing loss to the Plaintiff. The Plaintiff is entitled to specific damages for the unpaid premiums, interest at 7% per annum from judgment until payment in full, and costs of the suit.

Citation
alliance life assurance ltd vs promotion of rula iniatives development enterprises ltd another 2019 tzhc 143 16 october 2019
Parties
Plaintiff: Alliance Life Assurance Limited; 1st Defendant: Promotion of Rural Initiatives and Development Enterprises Ltd (Pride Tanzania Ltd); 2nd Defendant: Pacific Insurance Brokers (EA) Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 October 2019
Procedural Posture
Civil / Ex Parte Judgment After Defendants' Default
Outcome
Judgment for the Plaintiff
Legal Topics
Breach of Contract, Outstanding Insurance Premiums, General Damages, Interest on Judgment Debt, Costs
Source Language
English
Contract Law Insurance Law Breach of Contract Outstanding Insurance Premiums General Damages Interest on Judgment Debt Costs

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Parties

Alliance Life Assurance Limited

Plaintiff

Promotion of Rural Initiatives and Development Enterprises Ltd (Pride Tanzania Ltd)

1st Defendant

Pacific Insurance Brokers (EA) Ltd

2nd Defendant

Procedural Posture

Civil / Ex Parte Judgment After Defendants' Default

Legal Issues

  1. 1 Whether there was breach of contract between the Plaintiff and the Defendants
  2. 2 Whether the Plaintiff suffered loss
  3. 3 To what reliefs are parties entitled

Ratio Decidendi

The Defendants breached the insurance contract by failing to pay outstanding premiums, causing loss to the Plaintiff. The Plaintiff is entitled to specific damages for the unpaid premiums, interest at 7% per annum from judgment until payment in full, and costs of the suit.

Court Disposition

Judgment for the Plaintiff

Orders

  • Defendants to pay Plaintiff Tshs. 869,882,239 as specific damages
  • Defendants to pay interest at 7% per annum on the decretal sum from date of judgment to full payment