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Tropical Bank Limited v GoldStar Insurance Company Limited (Appeal 4 of 2023) [2023] UGIAT 6 (25 September 2023)
- Citation
- [2023] UGIAT 6
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- Insurance Appeals Tribunal (Uganda)
- Panel
- Nangono Namakiika, chairperson, Mayinja. Panel Member, Okotha, Panel Member, Mayanja
- Case number
- Appeal 4 of 2023
- Language
- English
More details
- Court
- Insurance Appeals Tribunal (Uganda)
- Panel
- Nangono Namakiika, chairperson, Mayinja. Panel Member, Okotha, Panel Member, Mayanja
- Case number
- Appeal 4 of 2023
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Tribunal dismissed the appeal because the applicant failed to appear at the scheduled hearing despite being duly served with notice. Regulation 19 of the Insurance Appeals Tribunal Regulations 2019 expressly empowers the Tribunal to dismiss an application in such circumstances. The Tribunal found that the respondent was present and ready to proceed, but the applicant's absence justified dismissal. The Tribunal further noted that the applicant retains the right to apply for reinstatement of the appeal within thirty days, as provided by Regulation 19(2).
Court disposition
appeal dismissed for non-appearance of applicant
Orders
- The appeal is dismissed for non-appearance by the applicant without costs.
- The applicant may apply to reinstate the appeal within thirty days from the date of this ruling.
02
Material facts
Parties
Tropical Bank Limited
ApplicantGoldstar Insurance Company Limited
Respondent Counsel: Semambo Rashid and Wasswa Kasim Ssernsalo of Semambo & Semambo Advocates03
Procedural history
Posture
Insurance Appeal / Dismissal for Non Appearance
04
Questions and positions
Legal issues
- 01
Whether the appeal should be dismissed for non-appearance of the applicant.
- 02
Whether the applicant is entitled to reinstatement of the appeal under the relevant regulations.
Party arguments
- Applicant
- No appearance or argument was made by the applicant or its counsel at the hearing.
- Respondent
- The respondent appeared through counsel and relied on the provisions of Regulation 19 of the Insurance Appeals Tribunal Regulations 2019, which allow for dismissal of an application where the applicant fails to appear.
05
Court’s reasoning
Legal principles
- 01
Regulation 19 of the Insurance Appeals Tribunal Regulations 2019
Where, on the date fixed for the hearing of an application, the respondent appears but the applicant does not appear, the Tribunal may dismiss the application.
- 02
Kampala International University v Tororo Cement & Others High Court Civil Application No. 433 of 2006
It is trite law that where a matter has been fixed for hearing and the applicant does not appear, the court may dismiss it.
06
Ratio, limits and disposition
Ratio decidendi
The Tribunal dismissed the appeal because the applicant failed to appear at the scheduled hearing despite being duly served with notice. Regulation 19 of the Insurance Appeals Tribunal Regulations 2019 expressly empowers the Tribunal to dismiss an application in such circumstances. The Tribunal found that the respondent was present and ready to proceed, but the applicant's absence justified dismissal. The Tribunal further noted that the applicant retains the right to apply for reinstatement of the appeal within thirty days, as provided by Regulation 19(2).
Obiter and limits
- The applicant is at liberty to apply to this Tribunal to reinstate this appeal within thirty days from the date hereof in accordance with Regulation 19(2) of the Insurance Appeals Tribunal Regulations.
Court disposition
appeal dismissed for non-appearance of applicant
- The appeal is dismissed for non-appearance by the applicant without costs.
- The applicant may apply to reinstate the appeal within thirty days from the date of this ruling.
Source and reliance status
Insurance Appeals Tribunal (Uganda)
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Insurance Appeals Tribunal (Uganda)
Judgment
THE REPUBLIC OF UGANDA
IN THE INSURANCE APPEALS TRIBUNAL AT KAMPALA
APPEAL NO. 4 OF 2023
TROPICAL BANK LIMITED::::::::::::::::::::: ::::: :: :: :::::::: : :: :: ::::::::: APPLICANT
VERSUS
GOLDSTAR INSURANCE COMPANY LIMITED I ;: ; : :::: : ::::: :::::::::: : RESPONDENT
RULING
INTRODUCTION AND BACKGROUND.
This appeal was filed by the Applicant on the 29,h of June, 2023 challenging the decision of the Insurance Regulatory Authority (IRA) contained in its letter dated 2nd June 2023, under reference No. IRAB/COMP.76/9/2021.
The appeal challenges the decision by IRA which states that;
- 1. The Applicant pays UGX *25,* 973, 924 as a premium to the respondent within 20 working days from the date of receipt of this decision - 2. The Respondent to issue a new invoice to the Applicant to facilitate the payment within <sup>7</sup> days from the date of receipt of this decision - 3. The respondent must provide proof of payment within 30 working days from receipt of this decision.
The appeal was fixed for hearing before the Tribunal on 25ih September 2023 at 10:00 o'clock in the morning and a hearing notice dated 5,h September 2023 served by the Tribunal and received by both the Applicant and the Respondent is on record.
On the day of the hearing, the Respondent, who was represented by Mr. Semambo Rashid and Mr. Wasswa Kasim Ssernsalo of Semambo & Semambo Advocates, appeared but there was no appearance made by the Applicant or its counsel.
Ruling of the Tribunal.
We have considered the provisions of Regulation 19 of the Insurance Appeals Tribunal Regulations 2019 and it provides as follows;
19. Non-appearance of the Applicant
(1) Where, on the date fixed for the hearing of an application, the Respondent appears but the Applicant does not appear, the Tribunal may dismiss the application.
It is trite law that where a matter has been fixed for hearing and on the day and at the time it is called for hearing the Applicant does not appear, the court may dismiss it (see the decision of Madrama <sup>J</sup> as he then was in Kampala International University V Tororo Cement & Others High Court Civil Application No. 433 of 2006)
Consequently, having fixed the appeal to be heard on 25th September 2023 at 10:00 o'clock in the morning, and the Applicant having failed to appear on the day and time when the appeal wos called, the Tribunal dismisses the appeal for non-appearance by the Applicant without costs.
The Applicant is at liberty to apply to this Tribunal to reinstate this appeal within thirty (30) days from the date hereof in accordance with Regulation <sup>19</sup> (2) of the Insurance Appeals Tribunal Regulations.
It's so ordered!
Delivered at Kampala this
Rita Namakiika Nangono
CHAIRPERSON
Solome Mayinja Luwaga
Dr. John Bbale Mayanja MEMBER
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