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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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High Court dismissed a land appeal over insurance compensation and loan enforcement, finding no proved insurance contract or proven claim for TShs. 30,000,000.
The Resident Magistrate Court lacked pecuniary jurisdiction to entertain the insurance claim as the amount claimed was below Tshs. 40,000,000/=, and such claims must be filed with the Ombudsman Tribunal. The proceedings and judgment were therefore null and void.
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The absence of a Registrar's letter confirming readiness of documents renders the certificate of delay defective and unreliable for excluding time. Consequently, the appeal was filed out of time and is incompetent. When an appeal is struck out for incompetence, the notice of appeal is also struck out and does not survive.
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The High Court dismissed an insurance appeal, holding that nondisclosure of an existing third-party policy and timing evidence justified rejection of the claim.
The court found that the parties and subject matter in both suits were the same, and that the dismissal of the previous suit for want of prosecution, after the Plaintiff failed to file a witness statement, constituted a final determination of the claim. Therefore, the present suit is barred by res judicata under Section 9 of the Civil Procedure Code.
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The Commercial Division held a security company liable for theft-related losses at Moshi and Dar es Salaam, ordering indemnification, capped compensation, and costs.
The District Court lacked pecuniary jurisdiction to try the commercial case as the claim exceeded TZS 30,000,000, rendering the proceedings, judgment, and decree null and void.
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The High Court held that an insurance claim was time barred because limitation ran from the burglary date, not from a later discharge voucher.
The High Court dismissed a preliminary objection and held that the plaintiff had no cause of action because there was no privity of contract with the insurer.
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