20170420 TZHC Dar es Salaam

20170420 TZHC Dar es Salaam

The court found that there was an insurance contract between the plaintiff and the first defendant, and the plaintiff paid the required premium. The first defendant failed to prove allegations of fraud or negligence, as there was no admissible evidence or expert testimony to support these defences. The insurer had a duty to inspect and verify the value of the wheel loader before issuing the policy. Therefore, the first defendant was in breach of contract by failing to indemnify the plaintiff for the destroyed wheel loader.

Citation
20170420 TZHC Dar es Salaam
Parties
Plaintiff: Ihembe Industries Limited; 1st Defendant: Royal Insurance (T) Limited; 2nd Defendant: CRDB Bank Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 April 2017
Procedural Posture
Civil Case / Judgment
Outcome
Judgment for the plaintiff against the first defendant with costs to the extent shown.
Legal Topics
Insurance Indemnity, Non Disclosure and Fraud in Insurance, Negligence, Loan Agreements, Breach of Contract, Counterclaim
Source Language
English
Insurance Law Contract Law Banking Law Insurance Indemnity Non Disclosure and Fraud in Insurance Negligence Loan Agreements Breach of Contract +1 more

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Parties

Ihembe Industries Limited

Plaintiff

Royal Insurance (T) Limited

1st Defendant

CRDB Bank Limited

2nd Defendant

Procedural Posture

Civil Case / Judgment

Legal Issues

  1. 1 Whether there was an insurance contract between the plaintiff and the defendants
  2. 2 What were the terms of the contract
  3. 3 Whether there was breach of the contract by any/either of the parties

Ratio Decidendi

The court found that there was an insurance contract between the plaintiff and the first defendant, and the plaintiff paid the required premium. The first defendant failed to prove allegations of fraud or negligence, as there was no admissible evidence or expert testimony to support these defences. The insurer had a duty to inspect and verify the value of the wheel loader before issuing the policy. Therefore, the first defendant was in breach of contract by failing to indemnify the plaintiff for the destroyed wheel loader.

Court Disposition

Judgment for the plaintiff against the first defendant with costs to the extent shown.

Orders

  • First defendant to pay the plaintiff TZS 85,000,000 or replace the wheel loader.
  • Plaintiff's claim for TZS 336,000,000 for loss of business dismissed.