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Tanzania decisions
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High Court commercial judgment dismissed an insurance claim over MFV Hamu, holding there was no valid cover because premium was not paid and the plaintiff lacked insurable interest.
The 2nd Defendant was bound by the Insurance Premium Finance Agreement by conduct, acted negligently by failing to pay the premium to the insurer, resulting in invalid insurance cover and loss to the Plaintiff. Liability for damages rests with the 2nd Defendant.
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The Court of Appeal of Tanzania granted an application to take additional evidence on appeal, directing the trial court to record evidence on wagons’ ownership.
The trial court erred in awarding compensation to the respondent based on an unstamped sale agreement and without sufficient proof of insurable interest or completed transfer of ownership; indemnity should not have been awarded solely to the respondent given the joint insured status and lack of evidence of authorization; the appeal is allowed, and the trial court's judgment and decree are set aside.
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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.
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The High Court dismissed an appeal over motor vehicle ownership and insurance indemnity, holding that the appellant failed to prove ownership and insurable interest.
The respondent had no insurable interest in the motor vehicle at the time of loss due to transfer of ownership to a third party, and absence of agreement to transfer the insurance contract. Therefore, there was no breach of contract by the appellants and no entitlement to indemnity or damages.
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