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Tanzania Case Law

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Insurance law RAPHAEL LOGISTICS T LTD VS PHOENIX T ASSURANCE CO

RAPHAEL LOGISTICS T LTD VS PHOENIX T ASSURANCE CO

The accident was covered under the marine insurance policy; exclusions under ICCA did not apply as the crane was not subject to packaging/preparation and proximate cause was marine peril. Defendant breached the contract by unjustified repudiation. Plaintiff entitled to compensation as admitted by defendant's own assessor, but not to full claimed amount due to lack of strict proof.

  • Marine insurance
  • Breach of contract
  • Proximate cause
  • Policy exclusions
  • Subrogation
  • Special damages
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Insurance law CIV

CIV

The application for review was dismissed because the alleged errors were not manifest on the face of the record but amounted to dissatisfaction with the Court's prior findings. The grounds advanced were appeal grounds, not review grounds, and no jurisdictional or patent error was established within the judgment itself.

  • Marine insurance
  • Review jurisdiction
  • Manifest error
  • Inherent vice
  • Policy interpretation
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Insurance law BAHARI FOOD LTD VS EXIM BANK T LTD COMM CASE NO

BAHARI FOOD LTD VS EXIM BANK T LTD COMM CASE NO

Absence of a marine insurance policy issued by the insurer to the insured renders the marine insurance contract invalid and inadmissible in evidence under section 22 of the Marine Insurance Act 1906. Despite payment of premium and issuance of an interim cover note, no valid marine insurance contract existed at the time of the accident. Consequently, there was no breach of contract and no entitlement to reliefs claimed by the Plaintiff.

  • Marine insurance
  • Insurable interest
  • Agency
  • Premium payment
  • Breach of contract
  • Evidence
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.