sanlam general insurance t ltd vs visa said kiwigu others 2019 tzhc 8 29 october 2019

sanlam general insurance t ltd vs visa said kiwigu others 2019 tzhc 8 29 october 2019

The trial court addressed all framed issues, exercised discretion judiciously in awarding general damages based on the extent of injury and permanent disability, and special damages were substantiated by evidence. No grounds for interference with the trial court's findings.

Citation
sanlam general insurance t ltd vs visa said kiwigu others 2019 tzhc 8 29 october 2019
Parties
Appellant: Sanlam General Insurance (T) Ltd; 1st Respondent: Visa Said Kiwigu; 2nd Respondent: Charles Jeremia Kahene; 3rd Respondent: Salum Mi Kidadi Hamis
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 October 2019
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Quantum of Damages, Negligence, Proof of Special Damages, Judicial Discretion, Framing of Issues
Source Language
English
Tort Insurance Civil Procedure Quantum of Damages Negligence Proof of Special Damages Judicial Discretion Framing of Issues

Case Brief

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Parties

Sanlam General Insurance (T) Ltd

Appellant

Visa Said Kiwigu

1st Respondent

Charles Jeremia Kahene

2nd Respondent

Salum Mi Kidadi Hamis

3rd Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court failed to address all framed issues
  2. 2 Whether the quantum of general damages awarded was exorbitant and based on proper principles
  3. 3 Whether specific damages were awarded without proof

Ratio Decidendi

The trial court addressed all framed issues, exercised discretion judiciously in awarding general damages based on the extent of injury and permanent disability, and special damages were substantiated by evidence. No grounds for interference with the trial court's findings.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs
  • Trial court's award of TShs. 5,000,000 as special damages and TShs. 30,000,000 as general damages upheld