heritage ali insurance co t ltd vs cobweb security ltd 2004 tzhccomd 15 21 june 2004
The plaintiff failed to prove the occurrence of burglary and did not tender the insurance policy that formed the basis for payment. Without proof of the insured risk and the defendant’s breach, the claim fails.
- Citation
- heritage ali insurance co t ltd vs cobweb security ltd 2004 tzhccomd 15 21 june 2004
- Parties
- Plaintiff: Heritage Ali Insurance Co. (T) Ltd; Defendant: Cobweb Security Limited; Third Party: National Insurance Corporation
- Court
- TZHCCOMD
- Jurisdiction
- Tanzania
- Judgment Date
- 21 June 2004
- Procedural Posture
- Commercial Case / Judgment
- Outcome
- dismissed
- Legal Topics
- Subrogation, Burglary, Negligence, Burden of Proof, Security Services Contract
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Heritage Ali Insurance Co. (T) Ltd
Plaintiff
Cobweb Security Limited
Defendant
National Insurance Corporation
Third Party
Procedural Posture
Commercial Case / Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to the sum claimed as compensation for the loss suffered
- 2 Whether the defendant was insured by the Third Party against such risks as those touching on the plaintiff’s claim against the defendant
- 3 To what reliefs are the parties entitled
Ratio Decidendi
The plaintiff failed to prove the occurrence of burglary and did not tender the insurance policy that formed the basis for payment. Without proof of the insured risk and the defendant’s breach, the claim fails.
Court Disposition
dismissed
Orders
- The suit is dismissed with costs.
Full Case Text
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