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Insurance Broking, Insurance Cover, Statutory Policies, Liability for Premiums, Claims and the Lapsing of Policies

HH15-08 : HOMEPLUS INVESTMENTS (PVT) LTD vs KANTHARIA INSURANCE BROKERS (PVT) LTD and GLOBAL INSURANCE COMPANY
Ruled By: CHITAKUNYE J

On 26 August 2004, the plaintiff instituted proceedings in the High Court wherein it sued for $60,000,000= being the sum assured in terms of a motor vehicle comprehensive policy it held with the second defendant. The first defendants were the insurance brokers who facilitated the policy. On 21 December 2006, and before the pre-trial conference, the plaintiff amended ...
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HB72-09 : RADAR INVESTMENTS (PVT) LTD t/a RADAR METAL INDUSTRIES vs K.A. AGENCIES AND DISTRIBUTORS (PVT) LTD
Ruled By: NDOU J

In Principles of Delict by JONATHAN BURCHELL (1993), Juta Co…, the learned author rightly stated: “The general principle underlying the award of damages under the aquilian action (and the law of delict as a whole) is one of compensation to the plaintiff. But, frequently, a person injured may have his losses partially or wholly met ...
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CC05-15 : TOUR OPERATORS BUSINESS ASSOCIATION OF ZIMBABWE vs MOTOR INSURANCE POOL and ZIMBABWE REVENUE AUTHORITY and INSURANCE AND PENSIONS COMMISSION and ATTORNEY-GENERAL
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC and GUVAVA JCC

The applicant, Tour Operators Business Association of Zimbabwe (TOBAZ), is an association of registered tour operators. Among other things, it buys and arranges insurance services for foreign tourists, including motor vehicle insurance for foreign vehicles entering Zimbabwe. The first respondent is named the Motor Insurance Pool (the MIP) and is an association of insurers. The ...
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HH45-11 : JACKSON MUGUTI vs WILSON SUNDUZA
Ruled By: MUSAKWA J

At the close of the plaintiff's case, in a relatively short trial, the defendant's counsel applied for absolution from the instance plus costs of suit on a legal practitioner and client scale.The plaintiff issued summons claiming a sum of US$1,315=, interest at the prescribed rate on the principal sum from the date of the accident ...
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HB61-10 : LUXION TACHIONA and NONTOKOZO DUBE vs NATIONAL RAILWAYS OF ZIMBABWE
Ruled By: NDOU J

Further, to the extent that the defendant's Tariff Book makes provision for the insurance of goods transported in the event of loss or damage, the contract also qualifies to be treated as a contract of insurance. Such a contract has been held to be a consumer contract by this court in Radar Holdings Ltd ...
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HH63-13 : BLESSMORE Z. MABVURAMITI vs ALTFIN INSURANCE COMPANY
Ruled By: MAFUSIRE J

This is an application for a default judgment. My brother judge, BHUNU J, and I raised a query. We felt the claim did not disclose a cause of action. The plaintiff is, in effect, claiming specific performance, yet, by his own admission, he was in breach of his side of the contract. In his summons and ...
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HH116-13 : FORESTRY COMMISSION vs CELL INSURANCE COMPANY (PRIVATE) LIMITED and PREMIER INSURANCE BROKERS (PRIVATE) LIMITED
Ruled By: PATEL J

This matter concerns an insurance claim arising from an accident involving one of the plaintiff's motor vehicles. The plaintiff seeks a declaratory order that its insurance cover with the first defendant was effective and operational as from 1 January 2009. It further seeks an order for the first defendant to meet its claim, submitted on ...
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HB94-16 : ARENEL SWEETS AND BISCUITS (PVT) LTD vs ALEXANDER FORBES RISKS SERVICES ZIMBABWE
Ruled By: MAKONESE J

In broad terms, insurance brokers act as intermediaries between clients, who can be either individuals or commercial businesses and organisations, and insurance companies. Insurance brokers are expected to use their in-depth knowledge of risks and the insurance market to find and arrange suitable insurance policies and arrange cover. They act in the best interests of their clients ...
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HH66-15 : ROLLEX (PVT) LTD vs DELTA BEVERAGES (PVT) LTD
Ruled By: DUBE J

The agreed facts may be summarised as follows. On 21 March 2012, the parties entered into a contract farming agreement. The brief terms of which are as follows. The plaintiff would grow 80 hectares of hope barley and deliver 600 tonnes from its three farms to the defendant after harvest. The plaintiff would sell its harvest to ...
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HH481-15 : JAMES J MUROZVI vs CHAWATAMA SIGN and DELTA BEVERAGES and RM INSURANCE (PVT) LTD
Ruled By: MATHONSI J

The requirement for insuring a motor vehicle for use on any road in this country is provided for in the Road Traffic Act [Chapter 13:11]. Section 22 of the Road Traffic Act [Chapter 13:11] provides: “(1) Subject to this Part, no persons shall use a motor vehicle or trailer in a road unless there is in force in relation ...
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HB149-16 : MUNATSI SHOKO vs OLD MUTUAL ZIMBABWE LIMITED
Ruled By: MOYO J

A look at the Retirement Annuity Contract…, shows that there is nothing to show that the plaintiff was advised, or that he agreed that he would bear the risk, in the event that the economy does not perform as expected. Neither did any of the parties point towards such a clause. Again, there is no clause in ...
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HH92-14 : MANGWIRO SIBANDA vs JANE HAPPIAH CHIKUMBA and ALTFIN INSURANCE COMPANY
Ruled By: CHIGUMBA J

The plaintiff issued summons against the defendants, on 11 September 2012, claiming: (a) Payment of the sum of US$3,700= being the cost of repairs to his Toyota sprinter motor vehicle registration number AAQ 5021 negligently damaged by the first defendant on 17 December 2011 who was at the time driving a Toyota Land Cruiser registration number AAX 3378 ...
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HH56-17 : MANGWIRO SIBANDA vs JANE H. CHIKUMBA and ALTFIN INSURANCE COMPANY
Ruled By: MATANDA-MOYO J

The plaintiff instituted proceedings against the defendants, jointly and severally, the one paying the other to be absolved for the following relief; 1. Payment of the sum of $3,700= being costs of repairs to the plaintiff's sprinter vehicle registration number AAQ 5021 which was damaged due to a collision solely caused by the first defendant. The other vehicle ...
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HB25-12 : GEORGE MPUKUTA vs MOTOR INSURANCE POOL and ZIMBABWE REVENUE AUTHORITY and INSURANCE AND PENSION COMMISSION and MINISTER OF FINANCE
Ruled By: NDOU J

The applicant seeks an order in the following terms:“It is ordered:(a) That the 1st respondent not an insurer in terms of the Insurance Act but an association of insurers with no capacity to issue statutory policies in terms of the Road Traffic [Chapter 13:11] or any other law.(b) That the ...
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HH147-16 : TATENDA MANDUNA vs ALLIANCE INSURANCE (PVT) LTD
Ruled By: MUSHORE J

The facts of this matter are these:On 1 February 2013, the plaintiff insured his vehicle against the risk of fire, accident, and loss, through the defendant company, by way of a comprehensive insurance policy.In terms of the insurance policy, the plaintiff was to receive full cover for his vehicle, a ...
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HH37-16 : GEORGINA NJODZI vs LORRAINE MATIONE
Ruled By: MWAYERA J

Superior courts, inclusive of the High Court, have inherent jurisdiction to protect and regulate their own process and develop common law in so far as the interests of justice are maintained: see section 176 of the Constitution.In the case of Zimnat Insurance Company Limited v Chawanda 1990 (2) ZLR 143 ...
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HB09-15 : LEAST SUPPLIES (PVT) LTD t/a L.S. CELLULAR and L.S. CAPITAL vs T.I.B. INSURANCE BROKERS and HERITAGE INSURANCE COMPANY
Ruled By: TAKUVA J

This is an application for joinder of parties in terms of Order 13 Rule 87(2)(b) of the High Court Rules 1971.The facts are simple and largely undisputed. They are:The applicant is involved in the business of buying and selling cell phones and cell phone accessories which it normally imports from ...
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