suzan samson nakembetwa vs imperium insurance brockers co ltd another 2022 tzhccomd 25 23 february 2022

suzan samson nakembetwa vs imperium insurance brockers co ltd another 2022 tzhccomd 25 23 february 2022

The appellant failed to disclose the existence of a subsisting third party insurance policy when procuring a comprehensive cover, and evidence indicated the accident occurred before the comprehensive cover was issued. These constituted sufficient grounds for the insurer to deny the claim, justifying the trial court's dismissal of the appellant's claims.

Citation
suzan samson nakembetwa vs imperium insurance brockers co ltd another 2022 tzhccomd 25 23 february 2022
Parties
Appellant: Susan Samson Nakembetwa; 1st Respondent: Imperium Insurance Brokers Co. Ltd.; 2nd Respondent: Resolution Insurance Co. Ltd.
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
23 February 2022
Procedural Posture
Commercial Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Material Non Disclosure, Misrepresentation, Insurance Claims, Contract Avoidance
Source Language
English
Insurance Law Contract Law Material Non Disclosure Misrepresentation Insurance Claims Contract Avoidance

Case Brief

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Parties

Susan Samson Nakembetwa

Appellant

Imperium Insurance Brokers Co. Ltd.

1st Respondent

Resolution Insurance Co. Ltd.

2nd Respondent

Procedural Posture

Commercial Appeal / Judgment

Legal Issues

  1. 1 Whether the insurer was justified in denying the appellant's insurance claim due to non-disclosure and misrepresentation of material facts
  2. 2 Whether the appellant was entitled to specific and general damages under the insurance contract

Ratio Decidendi

The appellant failed to disclose the existence of a subsisting third party insurance policy when procuring a comprehensive cover, and evidence indicated the accident occurred before the comprehensive cover was issued. These constituted sufficient grounds for the insurer to deny the claim, justifying the trial court's dismissal of the appellant's claims.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed as unmeritorious.
  • Costs awarded to the respondents.