The Tribunal allowed APA Insurance’s appeal, holding the insurer could continue investigating a disputed claim and granting 30 days to complete inquiries.
Alliance Africa General Insurance Ltd v Trueline Africa Ltd (Civil Suit No. 531 of 2020) [2021] UGCommC 108 (7 September 2021)
Court
Commercial Court of Uganda
Case number
Civil Suit No. 531 of 2020
Judge
Gaswaga, J
The High Court held that Trueline Africa Ltd breached its transport contract by subcontracting without express authority and awarded the insurer subrogated recovery.
Leads Insurance Ltd v Insurance Regulatory Authority Ltd and Another (Civil Appeal No. 237 of 2015) [2017] UGCA 149 (5 July 2017)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 237 of 2015
Judge
Kasule, JA, Musoke, JA, Barishaki JA
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…