universal auto electrical hardware 1986 ltd vs national insurance corporation of t ltd another another 2011 tzhccomd 2028 9 june 2011

universal auto electrical hardware 1986 ltd vs national insurance corporation of t ltd another another 2011 tzhccomd 2028 9 june 2011

The plaintiff failed to prove on a balance of probabilities that burglaries occurred as alleged, failed to keep proper stock records as required by the Book Warranty Clause, and did not report the incidents in the manner stipulated under the contract. These breaches of the insurance contract absolved the defendants of liability, and the plaintiff's claim was dismissed.

Citation
universal auto electrical hardware 1986 ltd vs national insurance corporation of t ltd another another 2011 tzhccomd 2028 9 june 2011
Parties
Plaintiff: Universal Auto Electrical & Hardware (1986) Ltd; 1st Defendant: National Insurance Corporation of Tanzania Limited; 2nd Defendant: Consolidated Holding Corporation
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
9 June 2011
Procedural Posture
Commercial Case / Judgment
Outcome
Plaintiff's case dismissed with costs.
Legal Topics
Burglary Insurance, Breach of Contract, Policy Warranties, Proof of Loss, Reporting Requirements
Source Language
English
Insurance Law Contract Law Commercial Law Burglary Insurance Breach of Contract Policy Warranties Proof of Loss Reporting Requirements

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Parties

Universal Auto Electrical & Hardware (1986) Ltd

Plaintiff

National Insurance Corporation of Tanzania Limited

1st Defendant

Consolidated Holding Corporation

2nd Defendant

Procedural Posture

Commercial Case / Judgment

Legal Issues

  1. 1 Whether there was a contract of insurance between the parties
  2. 2 What were the terms and conditions of the insurance contract
  3. 3 Whether there was any breach of the contract of insurance

Ratio Decidendi

The plaintiff failed to prove on a balance of probabilities that burglaries occurred as alleged, failed to keep proper stock records as required by the Book Warranty Clause, and did not report the incidents in the manner stipulated under the contract. These breaches of the insurance contract absolved the defendants of liability, and the plaintiff's claim was dismissed.

Court Disposition

Plaintiff's case dismissed with costs.

Orders

  • Plaintiff's suit is dismissed with costs.