bhanji logistics and others vs doreen ruben towo 2021 tzhc 6481 17 september 2021

bhanji logistics and others vs doreen ruben towo 2021 tzhc 6481 17 september 2021

The invalidity of the respondent's driver's licence does not entitle the appellants to repudiate liability against the respondent (third party) in the absence of a specific insurance policy term to that effect. Specific damages were not strictly proved and thus not recoverable; general damages were justified but reduced to a reasonable amount based on the evidence.

Citation
bhanji logistics and others vs doreen ruben towo 2021 tzhc 6481 17 september 2021
Parties
1st Appellant: Bhanji Logistics; 2nd Appellant: Haruna Hamza; 3rd Appellant: Jubilee Insurance Co. TZ. Ltd; Respondent: Doreen Ruben Towo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 September 2021
Procedural Posture
Civil Appeal / First Appeal From District Court Judgment and Decree
Outcome
Appeal partly allowed, partly dismissed.
Legal Topics
Third Party Insurance Liability, Validity of Driving Licence and Insurer Liability, Assessment of Damages, Proof of Special Damages, General Damages Discretion
Source Language
English
Insurance Law Tort Law Civil Procedure Third Party Insurance Liability Validity of Driving Licence and Insurer Liability Assessment of Damages Proof of Special Damages General Damages Discretion

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Parties

Bhanji Logistics

1st Appellant

Haruna Hamza

2nd Appellant

Jubilee Insurance Co. TZ. Ltd

3rd Appellant

Doreen Ruben Towo

Respondent

Procedural Posture

Civil Appeal / First Appeal From District Court Judgment and Decree

Legal Issues

  1. 1 Whether invalid driving licence of the driver entitles the appellants to repudiate liability against the respondent (third party) under the insurance cover
  2. 2 Whether the trial court properly awarded the respondent both specific and general damages
  3. 3 What are the respondent's entitlements

Ratio Decidendi

The invalidity of the respondent's driver's licence does not entitle the appellants to repudiate liability against the respondent (third party) in the absence of a specific insurance policy term to that effect. Specific damages were not strictly proved and thus not recoverable; general damages were justified but reduced to a reasonable amount based on the evidence.

Court Disposition

Appeal partly allowed, partly dismissed.

Orders

  • Specific damages award of Tshs. 51,060,000 set aside
  • General damages reduced to Tshs. 35,000,000