mohamed sameer khan vs jubilee insurance t ltd 2019 tzhc 2153 12 july 2019

There was no misrepresentation of the vehicle value, the accident occurred as alleged, inducement of assessor was not proven, and Plaintiff is entitled to indemnity and damages for breach of contract.

Citation: mohamed sameer khan vs jubilee insurance t ltd 2019 tzhc 2153 12 july 2019
Parties: Plaintiff: Mohamed Sameer Khan; Defendant: Jubilee Insurance (T) Ltd
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 12 July 2019
Procedural Posture: Civil / Judgment
Outcome: Suit granted for Plaintiff
Legal Topics: Misrepresentation, Indemnity, General Damages, Interest, Breach of Contract
Source Language: English

Insurance Law Contract Law Misrepresentation Indemnity General Damages Interest Breach of Contract

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Parties

Mohamed Sameer Khan

Plaintiff

Jubilee Insurance (T) Ltd

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the Plaintiff misrepresented the value of the motor vehicle at the time of formation of the insurance contract
2 Whether the insured vehicle was involved in a road accident in Korogwe area Tanga Region
3 Whether the Plaintiff induced the assessors by giving them a laptop in order to inflate the value of the accidented vehicle

Ratio Decidendi

Court Disposition

Suit granted for Plaintiff

Orders

Defendant to pay Plaintiff USD 130,000 indemnity value
Defendant to pay Plaintiff 12% per month interest from date of filing to date of judgment