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Tanzania decisions
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The District Court lacked jurisdiction to entertain the insurance claim as the law mandates such disputes to be first referred to the Insurance Ombudsman; the trial court's judgment and decree are quashed and set aside.
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The applicant demonstrated substantial loss by showing that multiple accounts were garnished for the same decretal amount, threatening the core business operations and potentially leading to irreparable harm. The application was filed within reasonable time upon notification by the banks. The applicant expressed willingness to provide security, and the court ordered a bank bond guarantee as a condition for stay. Therefore, stay of execution was granted subject to provision of security.
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The claim was a third-party insurance claim arising from a tort, not a commercial case, and thus the District Court had pecuniary jurisdiction to hear the matter as an ordinary civil suit since the specific damages claimed were within the statutory limit.
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High Court appeal over an insurance dispute was dismissed after the court found a valid policy existed despite a chassis number variation.
The Applicant demonstrated a contractual right to indemnity from the Respondent arising from a guarantee contract. The claims between the Applicant and Respondent are connected to the main suit, satisfying the requirements for issuance of a third-party notice under Order I Rule 14 of the Civil Procedure Code.
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The High Court dismissed an appeal seeking to make an insurer satisfy a judgment, holding that notice of the later suit was not proved under section 10(2)(a).
The High Court found the defendants jointly and severally liable for a road accident and awarded transport costs and general damages, while rejecting other special damage claims.
The counterclaim was improperly instituted as a separate suit without a court order for separate determination and against a non-existent party. Therefore, it must be struck out.
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The plaint was fatally defective for failing to explicitly state the total value of the subject matter, violating mandatory procedural requirements, rendering the suit incompetent and depriving the trial court of jurisdiction.
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The High Court dismissed a preliminary objection challenging joinder of the 2nd defendant and jurisdiction, holding both issues required factual proof.
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