Alpha Abiot Moyo v Alliance Insurance Company (Pvt) Ltd

HH 188-18

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Case Details

Court

Harare High Court

Date

26 March 2018

Citation

HH 188-18

Neutral Citation

[2018] ZWHH 188

Outcome

unknown

Case Type

Trial

Bench

Presiding

ZHOU J

Full Bench

ZHOU J

Areas of Law

Insurance LawContract Law

Keywords

insurance premiumstop-ordertobacco cropindemnitycondition precedent

Key Issues

{"issue_text":"Whether payment of insurance premium was a condition precedent to defendant's liability","issue_type":"mixed","dispositive":"yes","related_facts":"Stop-order deduction failed; premium never paid; contract contained premium payment clause"}
{"issue_text":"Whether plaintiff was relieved of obligation to pay premium due to stop-order failure","issue_type":"law","dispositive":"yes","related_facts":"Stop-order form signed; deduction failed; plaintiff made no alternative payment"}
{"issue_text":"Whether principle of reciprocity prevents plaintiff from enforcing contract","issue_type":"law","dispositive":"yes","related_facts":"Plaintiff failed to perform his obligation; sought specific performance from defendant"}

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background

Facts of the Case

Background

The plaintiff claimed US$247,704.01 from the defendant insurance company for loss of his tobacco crop due to hailstorm, windstorm and fire damage. The defendant denied liability on grounds that the premium was not paid, arguing payment was a condition precedent to liability. The premium was to be paid via stop-order deduction from tobacco sale proceeds in 2014, but the deduction never occurred despite the plaintiff signing the stop-order form.

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