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The deed of settlement reached by the parties through mediation is lawful and satisfies the requirements of Order XXIII rule 3 of the Civil Procedure Code; it is therefore recorded and adopted as the consent judgment, marking the matter as settled.
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The court adopted the deed of settlement reached through mediation, marking the claims wholly settled and ordering payment as agreed.
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Appellant failed to strictly prove special damages and extent of injuries due to lack of expert evidence, but it was undisputed he sustained injuries from respondent's negligence. Court awarded general damages for pain and suffering.
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The plaintiff, as administratrix of the deceased's estate, has a cause of action against the insurer (3rd defendant) under third party insurance law, and the plaint complies with mandatory requirements regarding statement of value. All preliminary objections are pure points of law and lack merit.
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The High Court held this insurance dispute was time barred, but that the court had jurisdiction because the Ombudsman’s pecuniary limit was exceeded.
High Court partly allowed an insurance-related road traffic appeal, increasing general damages and setting aside compensation for permanent disfigurement.
The High Court awarded the plaintiff TZS 260,000 for medical expenses and TZS 150,000,000 in general damages after a road traffic accident caused by the 3rd defendant.
The insurance policies covered fire and allied perils, not burglary; defendants failed to prove arson or breach of warranty; plaintiffs proved existence of valid insurance, occurrence of fire, and total loss; insurance broker negligently failed to assist claim processing; both defendants are jointly and severally liable for indemnification and damages.
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Special damages were not strictly proved as no payment evidence was tendered; loss of income contract was not proved by receipt or payment; insurer was liable as notification issue was not pleaded; general damages were erroneously assessed based on extraneous matters; vicarious liability arose by implication from pleadings and evidence.
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The 1st defendant negligently caused the accident resulting in the death of Mark Thomas Hammond. The plaintiff proved funeral expenses and incidental costs, but failed to prove loss of prospective income due to contradictions in evidence. The 2nd defendant, as vehicle owner, and the 3rd defendant, as insurer, are jointly liable for damages. Specific and general damages awarded as per proven claims, with interest and costs.
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