sanlam general insurance t ltd others vs godfrey ngodo wabare 2019 tzhc 72 18 october 2019

The trial court properly determined all framed issues and exercised its discretion judiciously in awarding general damages. The quantum awarded was reasonable given the Plaintiff's amputation and permanent incapability. The appeal lacks merit and is dismissed.

Citation: sanlam general insurance t ltd others vs godfrey ngodo wabare 2019 tzhc 72 18 october 2019
Parties: Appellant: Sanlam General Insurance (T) Ltd; 1st Respondent: Godfrey Ngodo Wabare; 2nd Respondent: Ally Abduly Wahab; 3rd Respondent: Enock Marwa Mwita
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 18 October 2019
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal dismissed
Legal Topics: Assessment of General Damages, Motor Vehicle Accident Liability, Quantum of Damages, Negligence
Source Language: English

Insurance Law Tort Law Assessment of General Damages Motor Vehicle Accident Liability Quantum of Damages Negligence

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Parties

Sanlam General Insurance (T) Ltd

Appellant

Godfrey Ngodo Wabare

1st Respondent

Ally Abduly Wahab

2nd Respondent

Enock Marwa Mwita

3rd Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the trial court failed to address all framed issues before trial
2 Whether the quantum of general damages awarded was exorbitant and not reflective of the injury

Ratio Decidendi

Court Disposition

appeal dismissed

Orders

Appeal dismissed with costs.
Decision of Kisutu RM's Court awarding Tshs. 45,000,000 as general damages upheld.