wivian george facitela vs national insurance corporation t another 2004 tzhccomd 39 29 july 2004

wivian george facitela vs national insurance corporation t another 2004 tzhccomd 39 29 july 2004

The plaintiff failed to prove that she had a comprehensive insurance cover policy for the motor vehicle, as there was no sufficient evidence of payment of the premium or existence of the policy; therefore, she is not entitled to indemnity from the 1st Defendant.

Citation
wivian george facitela vs national insurance corporation t another 2004 tzhccomd 39 29 july 2004
Parties
Plaintiff: Wivian George Facitela; 1st Defendant: National Insurance Corporation (T) Ltd; 2nd Defendant: Parastatal Sector Reform Commission
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
29 July 2004
Procedural Posture
Commercial Case / Judgment
Outcome
suit dismissed with costs
Legal Topics
Insurance Policy, Proof of Insurance, Indemnity, Burden of Proof
Source Language
English
Insurance Law Commercial Law Insurance Policy Proof of Insurance Indemnity Burden of Proof

Case Brief

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Parties

Wivian George Facitela

Plaintiff

National Insurance Corporation (T) Ltd

1st Defendant

Parastatal Sector Reform Commission

2nd Defendant

Procedural Posture

Commercial Case / Judgment

Legal Issues

  1. 1 Whether at the time of the accident the motor vehicle No. TZM 5093 had a comprehensive insurance cover policy
  2. 2 Whether the plaintiff is entitled to any indemnity from the 1st defendant

Ratio Decidendi

The plaintiff failed to prove that she had a comprehensive insurance cover policy for the motor vehicle, as there was no sufficient evidence of payment of the premium or existence of the policy; therefore, she is not entitled to indemnity from the 1st Defendant.

Court Disposition

suit dismissed with costs

Orders

  • The plaintiff's suit is dismissed with costs.