metropolitan tanzania insurance co ltd vs frank hamadi pilla 2019 tzca 281 28 august 2019

metropolitan tanzania insurance co ltd vs frank hamadi pilla 2019 tzca 281 28 august 2019

The appellant admitted liability but disputed the amount; the trial court's award of Tzs. 596,927,000/= was justified based on credible evidence of stock value. The award of loss of profit was not covered by the insurance policy and was not specifically pleaded or proved, thus disallowed.

Citation
metropolitan tanzania insurance co ltd vs frank hamadi pilla 2019 tzca 281 28 august 2019
Parties
Appellant: Metropolitan Tanzania Insurance Co. Ltd.; Respondent: Frank Hamadi Pilla
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 August 2019
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed except for the disallowance of loss of profit
Legal Topics
Third Party Procedure, Indemnity, Special Damages, Loss Assessment
Source Language
English
Insurance Law Civil Procedure Third Party Procedure Indemnity Special Damages Loss Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Metropolitan Tanzania Insurance Co. Ltd.

Appellant

Frank Hamadi Pilla

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the appellant, as a third party, could be held liable to pay the respondent directly when the original defendants were exonerated
  2. 2 Whether the award of loss of profit was justified and proved
  3. 3 Whether the trial court properly evaluated the evidence on record

Ratio Decidendi

The appellant admitted liability but disputed the amount; the trial court's award of Tzs. 596,927,000/= was justified based on credible evidence of stock value. The award of loss of profit was not covered by the insurance policy and was not specifically pleaded or proved, thus disallowed.

Court Disposition

appeal dismissed except for the disallowance of loss of profit

Orders

  • Uphold trial court's award of Tzs. 596,927,000/= to respondent
  • Disallow award of loss of profit