Uganda Case Law

National Insurance Corporation v Span International Ltd

National Insurance Corporation v Span International Ltd (CIVIL APPEAL NO. 13 OF 2002) [2004] UGCA 44 (28 April 2004)

Court

Court of Appeal of Uganda

Case number

CIVIL APPEAL NO. 13 OF 2002

Judge

Twinomujuni, JA, Okello, JA, Kitumba, JA

The Court of Appeal held that the suit was not time barred because the appellant's conduct—engaging in prolonged negotiations and reconsideration of the claim—constituted a waiver of the strict twelve-month limitation period in the insurance policy. The limitation period only began to run after the final rejection of the claim in June 1998, making the suit filed in January 1999 timely. The court affirmed that the respondent had an insurable interest in the machines by virtue of lawful possession and use, even though it was not the owner. The court found no evidence of breach of utmost good fa…

Source excerpt

• Insurance Contracts
• Insurable Interest
• Limitation Periods
• Damages Assessment
• Good Faith In Contracts

Wilson Limited v Queensland Insurance Company Limited

Wilson Limited v Queensland Insurance Company Limited (Civil Case No.,192 of 1951 (Mombasa)) [1952] EACA 283 (1 January 1952)

Court

East African Court of Appeal

Case number

Civil Case No.,192 of 1951 (Mombasa)

Judge

Connell J

Marine insurance dispute over a quotation for tiles shipment to Mombasa. The court held the contract was invalid for lack of a sea policy and dismissed the suit.

• Marine Insurance
• Insurable Interest
• Material Non Disclosure
• Contract Validity
• Marine-insurance
• Insurable-interest

Said and Another v South British Insurance Comapany Ltd (C.C. 85/1931 (Mombasa).)

Said and Another v South British Insurance Comapany Ltd (C.C. 85/1931 (Mombasa).) [1932] EACA 46 (1 January 1932)

Court

East African Court of Appeal

Case number

C.C. 85/1931 (Mombasa).

Judge

Dickinson, J

In a joint motor-car insurance policy, the court found the hirer had deliberately set the car on fire and could not recover, but the owner could recover to the extent of his insurable interest.

• Insurance Contracts
• Hire Purchase
• Insurable Interest
• Arson
• Joint Policy Liability
• Insurance-contracts