Uganda Case Law

Fireworks Advertising Uganda Limited v CIC General Insurance Uganda Limited (Application No. 07 of 2024)

Fireworks Advertising Uganda Limited v CIC General Insurance Uganda Limited (Application No. 07 of 2024) [2024] UGIAT 7 (8 November 2024)

Court

Insurance Appeals Tribunal (Uganda)

Case number

Application No. 07 of 2024

Judges

Nangono Namakiika, chairperson, Okotha, Panel Member, Luwaga - Panel Member, Mayanja, Nabasirye - Panel Member

The Tribunal found that the Applicant's claim satisfied the policy's requirements for theft, as police reports and witness testimony established forcible entry and visible damage (broken latch). The Respondent's evidence was unreliable, with expert testimony lacking proper qualifications and photographic evidence deemed hearsay. The Tribunal held that the relocation of premises was a material fact, but the Applicant notified the Respondent within a reasonable time (six days), and the policy did not specify a strict notification timeframe. The Respondent's issuance of an endorsement without al…

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• Insurance Contracts
• Material Non Disclosure
• Policy Interpretation
• Burden Of Proof
• Indemnity Claims

Strabag International GMBH v Araku & Araku

Strabag International GMBH v Araku & Araku (Miscellaneous Application 103 of 2022) [2024] UGHC 529 (12 June 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 103 of 2022

Judge

Acellam, J

The court found that the applicant had established sufficient grounds to join Idro Luke Araku as a third party. The lease agreement between the applicant and the intended third party, in which the third party warranted authority and indemnity, created a direct right to indemnity for the applicant. The subject matter and cause of action between the applicant and the third party were the same as those between the plaintiff and the defendant. The court determined that joining the third party would enable a full and final determination of the dispute and prevent multiplicity of suits. The applica…

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• Third Party Procedure
• Indemnity Claims
• Lease Disputes

Security Group Limited v Gulu Agricultural Development Co. Limited & Another

Security Group Limited v Gulu Agricultural Development Co. Limited & Another (Miscellaneous Application 2 of 2023) [2024] UGHC 197 (9 April 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 2 of 2023

Judge

Okello, J

The High Court at Gulu allowed Security Group Limited to issue third party notice against its insurer, finding a viable indemnity question under Order 1 Rule 14.

• Third Party Procedure
• Indemnity Claims
• Insurance Contracts
• Third-party-procedure
• Indemnity-claims
• Insurance-contracts

Umeme Limited v Kefa & Another

Umeme Limited v Kefa & Another (Miscellaneous Application 130 of 2023) [2023] UGHC 472 (18 December 2023)

Court

High Court of Uganda

Case number

Miscellaneous Application 130 of 2023

Judge

Kaahwa, J

The applicant demonstrated sufficient grounds for joining Sanlam General Insurance (U) Ltd as a third party, based on the subsisting General Liability Insurance Policy which expressly provides for indemnity and legal costs in respect of claims arising from the suit. The subject matter between the applicant and the third party is identical to that between the plaintiff and the defendant, fulfilling the requirements for third party proceedings. The addition of the third party will not prejudice the plaintiffs and serves the interests of justice by enabling all related disputes to be resolved in…

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• Third Party Proceedings
• Indemnity Claims
• Insurance Liability
• Joinder Of Parties

Jonathan Kirasha v United Assurance Co Ltd - (HCT-00-CC-CS 861 of 2004)

Jonathan Kirasha v United Assurance Co Ltd - (HCT-00-CC-CS 861 of 2004) [2006] UGCommC 18 (9 May 2006)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-CS 861 of 2004

The High Court of Uganda held the insurer liable under motor and goods-in-transit policies after fire destroyed a vehicle and its cargo, awarding reduced special damages.

• Insurance Contracts
• Indemnity Claims
• Burden Of Proof
• Policy Excess
• Assessment Of Damages
• Insurance-contracts

Lasto Mayanja v Lugya

Lasto Mayanja v Lugya (Miscellaneous Application No. 1236 of 2014) [2015] UGHCLD 1 (10 March 2015)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application No. 1236 of 2014

Judge

Anna B. Mugenyi, J

The application for a third party notice fails because the causes of action between the defendant and the respondent are not identical; the plaintiff's claim is based on trespass, while the defendant's claim against the respondent is based on misrepresentation. There is no express or implied contractual obligation for indemnity in the sale agreement, nor is there a legal or equitable basis for such an obligation arising from misrepresentation. The law requires that for a third party to be joined, both the subject matter and the cause of action must be the same, which is not the case here. The…

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• Third Party Proceedings
• Indemnity Claims
• Misrepresentation In Land Sale
• Trespass To Land