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Civil Procedure [2017] UGCA 149

Leads Insurance Ltd v Insurance Regulatory Authority Ltd and Another

Leads Insurance Ltd v Insurance Regulatory Authority Ltd and Another (Civil Appeal No. 237 of 2015) [2017] UGCA 149 (5 July 2017)

The Court of Appeal held that the High Court erred in dismissing the appellant's application for judicial review solely on the ground that an appeal should have been made to the Insurance Appeals Tribunal. At the material time, the Tribunal was not constituted and thus unavailable as an alternative remedy. The appellant raised valid issues of lack of jurisdiction, denial of the right to be heard, and breach of natural justice, which constitute exceptional circumstances justifying judicial review. The trial judge failed to consider the non-existence of the Tribunal and the adequacy of the alte…

  • Judicial Review
  • Insurance Claims
  • Administrative Jurisdiction
  • Right To Be Heard
  • Natural Justice
  • Alternative Remedies
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