Tanzania Case Law

ultimate security tanzania limited vs maxinsurance tanzania limited 2022 tzhccomd 82 22 april 2022

Court

TZHCCOMD

The insurer, having indemnified the insured, is entitled under the principle of subrogation to recover from the party responsible for the loss, even in the absence of direct contractual privity. The appellant security company owed a duty of care to the insured as a foreseeable third party beneficiary of the security contract. The limitation of liability clause in the security contract does not apply to the subrogation claim. The trial court correctly evaluated the evidence and was not biased.

Source excerpt

• Subrogation
• Privity of contract
• Duty of care
• Limitation of liability
• Third party beneficiary
• Indemnity

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qatar airways others vs george sokoine mwalingo 2021 tzca 3531 23 september 2021

Court

TZCA

The Court of Appeal held that baggage-loss liability was limited under the Montreal Convention 1999 because no special declaration of interest was made and no recklessness was proved.

• Carrier liability
• Limitation of liability
• International carriage by air
• Burden of proof
• Compensation for lost baggage
• Carrier-liability

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martin kasyanju vs emirates airlines 2011 tzhc 2051 28 november 2011

Court

TZHC

The Defendant airline's duty of care is limited by the contractual terms in the General Conditions of Carriage, which exclude liability for undeclared valuables. Plaintiff failed to declare the money and did not prove on a balance of probabilities that the loss occurred as alleged. No duty of care extended to the Plaintiff's undeclared money.

Source excerpt

• Breach of contract
• Negligence
• Duty of care
• Limitation of liability
• Carriage by air

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19820218 TZHC Dar es Salaam

Court

TZHC

The High Court held that section 46(1) of the Tanzania-Zambia Railway Act did not limit liability because the lost goods were not in the Second Schedule.

• Common carrier liability
• Limitation of liability
• Breach of contract
• Common-carrier-liability
• Limitation-of-liability
• Breach-of-contract

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