LELLO LAURENT SAWE VERSUS NMB ANOTHER JUDGMENT REFERENCES

LELLO LAURENT SAWE VERSUS NMB ANOTHER JUDGMENT REFERENCES

The Plaintiff failed to prove, on a balance of probabilities, that all destroyed goods were covered by the insurance policy or that he was entitled to the claimed specific and general damages. The insurance covered only the loan amount for beverages business, the bank was the insured and first loss payee, and the Plaintiff failed to strictly prove specific damages as required by law.

Citation
LELLO LAURENT SAWE VERSUS NMB ANOTHER JUDGMENT REFERENCES
Parties
Plaintiff: Lello Laurent Sawe; 1st Defendant: National Microfinance Bank PLC; 2nd Defendant: Reliance Insurance Company (Tanzania) Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
10 January 2019
Procedural Posture
Civil Case / Judgment
Outcome
Dismissed
Legal Topics
Indemnity, Loan Agreements, Insurance Coverage, Burden of Proof, Specific Damages, General Damages
Source Language
English
Insurance Law Contract Law Banking Law Indemnity Loan Agreements Insurance Coverage Burden of Proof Specific Damages +1 more

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Parties

Lello Laurent Sawe

Plaintiff

National Microfinance Bank PLC

1st Defendant

Reliance Insurance Company (Tanzania) Limited

2nd Defendant

Procedural Posture

Civil Case / Judgment

Legal Issues

  1. 1 Whether the Plaintiff complied with the loan agreement's insurance requirements
  2. 2 Whether the destroyed goods were covered by the insurance policy
  3. 3 Who between the Plaintiff and the bank was insured

Ratio Decidendi

The Plaintiff failed to prove, on a balance of probabilities, that all destroyed goods were covered by the insurance policy or that he was entitled to the claimed specific and general damages. The insurance covered only the loan amount for beverages business, the bank was the insured and first loss payee, and the Plaintiff failed to strictly prove specific damages as required by law.

Court Disposition

Dismissed

Orders

  • Plaintiff's case dismissed in its entirety for lack of merits.
  • Both Defendants awarded costs of the case.