HH 188-18 ALPHA ABIOT MOYO versus ALLIANCE INSURANCE COMPANY (PVT) LTD

ALPHA ABIOT MOYO

versus

ALLIANCE INSURANCE COMPANY (PVT) LTD

 

 

HIGH COURT OF ZIMBABWE

ZHOU J

HARARE, 13, 14, 15 & 16 February and 21, 22 & 26 March 2018

 

Civil Trial

 

B. Diza, for the plaintiff

R. Jambo, for the defendant

 

            ZHOU J: The plaintiff’s claim is for payment of US$247 704.01, together with interest thereon at the prescribed rate from the date of summons to the date of full payment, and costs of suit on the legal practitioner and client scale. The claim is in respect of loss suffered by the plaintiff as a result of the destruction of some of his tobacco crop by hailstorm and windstorm and by a fire. The loss suffered was insured by the defendant, an insurance company, in terms of an agreement of insurance. The claim is contested by the defendant on the ground that it was absolved from indemnifying the plaintiff for the loss by reason of the plaintiff’s failure to pay the premium in terms of the contract. The defendant’s case is that payment of the premium was a condition precedent to the liability of the defendant to indemnity the plaintiff for the loss. The defendant also put in issue the quantum of the loss suffered by the plaintiff.

            The plaintiff gave evidence himself. His evidence was that the premium for the insurance was to be paid by stop-order. He signed the necessary stop-order form on 11 November 2013. The insurance cover which he was given by the defendant was for the 2013 / 2014 tobacco crop. The stop-order form was given to the defendant’s representatives who were to take it to the Tobacco Industry Marketing Board (hereinafter referred to as TIMB). The stop order deduction was to be effected on the proceeds from the sale of the tobacco in 2014. The agreed premium was US$14 300.00. The cover was effective from 11 November 2013. The plaintiff’s evidence was that once 

Download File: 

Tags: 

2018