Tanzania Case Law

JUDGMENT OF PHOENIX INSURANCE COMPANY FINAL

Court

TANZLII

The arbitration clause in the insurance policy was not binding as it required further consent and no steps were taken to initiate arbitration; thus, the trial court had jurisdiction. Driving without a valid licence did not void the insurance contract as no negligence was proved. Non-disclosure of another insurance policy did not affect indemnity but would only affect apportionment between insurers. The award of general damages by the trial court was excessive and not justified; it was reduced to a reasonable amount.

Source excerpt

• Insurance indemnity
• Arbitration clause
• General damages
• Non-disclosure
• Driving licence validity
• Jurisdiction

Read case analysis

abillahi kassimu mandepe vs britam insurance tanzania limited another 2023 tzhc 19726 31 march 2023

Court

TZHC

The High Court held there was no valid insurance contract because the plaintiff failed to disclose material facts, so the suit was dismissed with costs.

• Non-disclosure of material facts
• Validity of insurance contract
• Repudiation of insurance claims
• Principle of utmost good faith (uberrimae fidei)
• Insurance-law
• Contract-law

Read case analysis

SALU AND CO LTD VS COOL CARE SERVICES LTD MISC

Court

TANZLII

Non-disclosure by respondent's counsel of his NCC employment did not amount to misconduct or improper procurement under Section 16 of the Arbitration Act. No evidence of fraud, dishonesty, or influence over the arbitrator was established. The arbitral award stands.

Source excerpt

• Setting aside arbitral award
• Misconduct
• Improper procurement
• Non-disclosure
• Enforcement of arbitral award

Read case analysis

reinair limited vs phoenix of tanzania assurance company ltd 2010 tzca 171 21 september 2010

Court

TZCA

The Court of Appeal held that an insurance contract remained in force despite non-disclosure issues, and awarded the insured US$140,000 indemnity.

• Breach of contract
• Insurance indemnity
• Non-disclosure
• Material alteration
• Rescission of contract
• Utmost good faith

Read case analysis

20071212 TZHC Zanzibr

Court

TZHC

The Court of Appeal of Tanzania at Zanzibar dismissed an insurer’s appeal, holding there was no proof of breach of utmost good faith in the insured vehicle’s declared value.

• Utmost good faith
• Indemnity
• Non-disclosure
• Assessment of damages
• Insurance-law
• Contract-law

Read case analysis

renair ltd vs phoenix of t assurance co ltd 2006 tzhccomd 51 28 march 2006

Court

TZHCCOMD

The preliminary objections are not pure points of law as they depend on disputed facts that require evidence; therefore, they cannot be sustained and must be dismissed.

Source excerpt

• Preliminary objection
• Non-disclosure
• Material alteration
• Breach of contract

Read case analysis