ga insurance t ltd vs goldshield insurance services ea ltd 2020 tzhccomd 1985 19 august 2020

The Plaintiff proved, by affidavit and original documents, that the Defendant collected and failed to remit insurance premiums totaling TZS 83,592,938/=. The Defendant was properly served by substituted service but failed to appear or defend. The Plaintiff met all procedural and evidentiary requirements for default judgment under Rule 22(1).

Citation: ga insurance t ltd vs goldshield insurance services ea ltd 2020 tzhccomd 1985 19 august 2020
Parties: Plaintiff: GA Insurance Tanzania Limited; Defendant: Goldshield Insurance Services (EA) Ltd.
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 19 August 2020
Procedural Posture: Commercial Case / Default Judgment
Outcome: Judgment for the Plaintiff
Legal Topics: Default Judgment, Non Remittance of Insurance Premiums, Substituted Service, Interest on Judgment Debt, Costs
Source Language: English

Commercial Law Insurance Law Default Judgment Non Remittance of Insurance Premiums Substituted Service Interest on Judgment Debt Costs

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Parties

GA Insurance Tanzania Limited

Plaintiff

Goldshield Insurance Services (EA) Ltd.

Defendant

Procedural Posture

Commercial Case / Default Judgment

Legal Issues

1 Whether the Defendant failed to remit collected insurance premiums to the Plaintiff
2 Whether the Plaintiff is entitled to the claimed sum, interest, and costs by default judgment

Ratio Decidendi

Court Disposition

Judgment for the Plaintiff

Orders

Defendant to pay Plaintiff TZS 83,592,938
Defendant to pay interest at 15% per annum (commercial rate) from date of default to date of judgment