Alpha Abiot Moyo v Alliance Insurance Company (Private) Limited

[2021] ZWSC 28

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Case Details

Court

Supreme Court

Date

4 February 2019

Citation

[2021] ZWSC 28

Judgment No.

SC 28/2021

Outcome

unknown

Case Type

Appeal

Bench

Presiding

GOWORA JA

Full Bench

GOWORA JAHLATSHWAYO JAGUVAVA JA

Areas of Law

Insurance lawContract lawAgency law

Keywords

Insurance premiumStop-orderPrincipal-agent relationshipCondition precedentTobacco insuranceTIMB

Key Issues

{"issue_text":"Whether there existed a principal-agent relationship between respondent and TIMB","issue_type":"law","dispositive":"yes","related_facts":"TIMB was to collect premiums; stop-order was registered"}
{"issue_text":"Whether failure by TIMB to execute mandate placed liability on respondent","issue_type":"law","dispositive":"yes","related_facts":"TIMB failed to deduct premiums; respondent attempted to rectify"}
{"issue_text":"Whether court erred in finding appellant not entitled to specific performance","issue_type":"law","dispositive":"yes","related_facts":"Appellant made conditional tender of premium payment"}

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background

Facts of the Case

Background

A tobacco farmer insured his crop with an insurance company and agreed to pay premiums through a stop-order system administered by the Tobacco Industry Marketing Board (TIMB). When TIMB failed to deduct the premiums, the insurance company refused to pay claims for crop damage. The farmer sued for payment, arguing TIMB was the insurer's agent.

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