IN THE HIGH COURT OF TANZANIA

IN THE DISTRICT REGISTRY

AT MWANZA

MISC. CIVIL APPLICATION NO. 51 OF 2020

(Arising from Civil Case No. 5 of 2020)

ISAMILO SUPPLIES LIM ITED ........................................ APPLICANT

VERSUS

AFRICAN LIFE ASSURANCE (TANZANIA) LIMITED

T/A SANLAM IN SU R AN CE............................................. RESPONDENT

REASONS FOR THE RULING

25 & 30.06.2020

RUMANYIKA, J.:

The application for leave for Isamilo Supplies Limited (the applicant)
to issue a Third Party Notice to one African Life Assurance (Tanzania)
Limited T/A Sanlam Insurance (the respondents) is brought under Order I
Rule 14 (1) (a) (b) (c) and (d) of the Civil Procedure Code Cap 33 RE.
2019. It is supported by affidavit of Robinson Mageta whose contents,
during the hearing Mr. G. Pesha, advocate adopted essentially.

Following the global outbreak of Coronavirus pandemic and pursuant

to my order of 19/5/2020 only the applicant was present online (Mobile No.
0716 602 102) and heard.
 Mr. G. Pesha learned counsel submitted that the applicant having
sued vide Civil Case No. 5/2020 herein following a road accident for shs.
600.0m/= being damages essentially, and, with effect from 7/12/2018 the
material motor vehicle Asia star /Bus Registration No. T. 869 DPK it was
under 3rd party insurance covered by the respondents, the applicant
therefore on that basis he had insurable right and interest, therefore
liability. That it was no requirement of law therefore he took no efforts to
serve the 3rd party hence the application. That is all. I granted the
application but I reserved the reasons therefor. Here are the reasons.

The issue is whether the application is tenable at law. The issue

needs not detain me because not only it is common knowledge but also it
is dictates both of policy and law that motor vehicles be insured hence in
that regard the legal requirement of the applicant to issue one a third party
notice. Whether or not there was no insurable interest ever between them
and the extent of liability, that one was no subject of this application much
as there was the said Civil Case No. 5 of 2020 pending in court.

It is for that reasons that I granted the application on 25/6/2020.

Each party shall bear their costs the applicant to issue 3rd party notice
against the respondents with immediate effect. It is ordered accordingly.

28/ 06/2020

2
 The reasons delivered under my hand and seal of the court in
chambers this 30/6/2020 in absence of the party (s) with notice.