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Tanzania Case Law

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Commercial law ANADOLU ANONIM TURK SIGORTA SIRKETI VS T POERT AUTHORITY COMM CASE NO

ANADOLU ANONIM TURK SIGORTA SIRKETI VS T POERT AUTHORITY COMM CASE NO

Court
TANZLII

The Plaintiff, as subrogee, is bound by the broad forum selection clause in the Bill of Lading, which covers all disputes arising out of or in connection with the Bill of Lading, including tort claims. The Tanzanian court must stay proceedings and refer the parties to the agreed forum in Germany. The preliminary objection on limitation fails as it is not a pure point of law but requires evidence.

Source excerpt

  • Forum selection clauses
  • Subrogation
  • Tort of negligence
  • Jurisdiction
  • Limitation of actions
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Insurance law RAPHAEL LOGISTICS T LTD VS PHOENIX T ASSURANCE CO

RAPHAEL LOGISTICS T LTD VS PHOENIX T ASSURANCE CO

Court
TANZLII

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.

Source excerpt

  • Marine insurance
  • Breach of contract
  • Proximate cause
  • Policy exclusions
  • Subrogation
  • Special damages
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Insurance law ultimate security tanzania limited vs maxinsurance tanzania limited 2022 tzhccomd 82 22 april 2022

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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Commercial law GLENCORE INTERNATIONAL AG VS T INTERNATIONAL CONTAINER TERMINAL SERVICES LTD COMM CASE NO

GLENCORE INTERNATIONAL AG VS T INTERNATIONAL CONTAINER TERMINAL SERVICES LTD COMM CASE NO

Court
TANZLII

The defendant received the six containers as evidenced by Equipment Interchange Receipts and invoices, but failed to load them onto the vessels, resulting in their loss. The defendant's failure to exercise proper care constituted a breach of contract, making it liable for the value of the lost cargo and general damages. The plaintiff, having been indemnified by its insurer and acting under subrogation, is entitled to recover the claimed amount and damages from the defendant.

Source excerpt

  • Breach of contract
  • Subrogation
  • Carriage of goods by sea
  • Negligence
  • Damages
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Civil procedure 20051208 TZHC Dar es Salaam

20051208 TZHC Dar es Salaam

Court
TZHC

The High Court dismissed preliminary objections in an insurance dispute, holding that subrogation and notice issues required evidence and that the plaint disclosed a cause of action.

  • Preliminary objection
  • Subrogation
  • Assignment of claims
  • Cause of action
  • Winding-up rules
  • Preliminary-objection
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Civil procedure alliance insurance corporation another vs nic others 2005 tzhc 89 8 december 2005

alliance insurance corporation another vs nic others 2005 tzhc 89 8 december 2005

Court
TZHC

The High Court of Tanzania dismissed preliminary objections challenging subrogation, notice of assignment, winding-up procedure, and joinder, holding the plaint disclosed a cause of action.

  • Preliminary objection
  • Subrogation
  • Assignment of claims
  • Cause of action
  • Joinder of parties
  • Preliminary-objection
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Insurance law heritage all insurance cot ltd vs andrew mkisi 3 others 2003 tzhccomd 14 18 march 2003

heritage all insurance cot ltd vs andrew mkisi 3 others 2003 tzhccomd 14 18 march 2003

Court
TZHCCOMD

The High Court held that an insurer could not sue a negligent driver in its own name under subrogation absent assignment, and struck out the suit with costs.

  • Subrogation
  • Cause of action
  • Amendment of pleadings
  • Insurance-subrogation
  • Cause-of-action
  • Amendment-of-pleadings
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.