isamilo supplies ltd vs african life assurance tanzania ltd ta sanlam insurance 2020 tzhc 1813 30 june 2020

IN THE HIGH COURT OF TANZANIA IN THE DISTRICT REGISTRY AT MWANZA MISC. CIVIL APPLICATION NO. 51 OF 2020 (Arising from Civil Case No. 5 of 2020) ISAMILO SUPPLIES LIM ITED ........................................ APPLICANT VERSUS AFRICAN LIFE ASSURANCE (TANZANIA) LIMITED T/A SANLAM IN SU R AN CE............................................. RESPONDENT REASONS FOR THE RULING 25 & 30.06.2020 RUMANYIKA, J.: The application for leave for Isamilo Supplies Limited (the applicant) to issue a Third Party Notice to one African Life Assurance (Tanzania) Limited T/A Sanlam Insurance (the respondents) is brought under Order I Rule 14 (1) (a) (b) (c) and (d) of the Civil Procedure Code Cap 33 RE. 2019. It is supported by affidavit of Robinson Mageta whose contents, during the hearing Mr. G. Pesha, advocate adopted essentially. Following the global outbreak of Coronavirus pandemic and pursuant to my order of 19/5/2020 only the applicant was present online (Mobile No. 0716 602 102) and heard. Mr. G. Pesha learned counsel submitted that the applicant having sued vide Civil Case No. 5/2020 herein following a road accident for shs. 600.0m/= being damages essentially, and, with effect from 7/12/2018 the material motor vehicle Asia star /Bus Registration No. T. 869 DPK it was under 3rd party insurance covered by the respondents, the applicant therefore on that basis he had insurable right and interest, therefore liability. That it was no requirement of law therefore he took no efforts to serve the 3rd party hence the application. That is all. I granted the application but I reserved the reasons therefor. Here are the reasons. The issue is whether the application is tenable at law. The issue needs not detain me because not only it is common knowledge but also it is dictates both of policy and law that motor vehicles be insured hence in that regard the legal requirement of the applicant to issue one a third party notice. Whether or not there was no insurable interest ever between them and the extent of liability, that one was no subject of this application much as there was the said Civil Case No. 5 of 2020 pending in court. It is for that reasons that I granted the application on 25/6/2020. Each party shall bear their costs the applicant to issue 3rd party notice against the respondents with immediate effect. It is ordered accordingly. 28/ 06/2020 2 The reasons delivered under my hand and seal of the court in chambers this 30/6/2020 in absence of the party (s) with notice. 3