Sanlam General Insurance (U) Limited v Megger Technical Services Limited (Civil Suit 245 of 2023) [2024] UGCommC 333 (11 November 2024)
Court
Commercial Court of Uganda
Case number
Civil Suit 245 of 2023
Judge
Kahigi Asiimwe, J
The High Court dismissed a claim for unpaid insurance premiums, holding that the policies were unenforceable because premiums were not paid in full before inception.
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…
The Tribunal stayed execution pending appeal, finding the applicant had lodged a notice of appeal, shown substantial loss, and offered reasonable security.
The Tribunal found that Minet Uganda Insurance Brokers, as a broker, had locus standi to institute the claim on behalf of its client, Ernst & Young, based on the authority letter and the relevant statutory and regulatory provisions. The Tribunal held that the insured parent did not have prior knowledge of the child's hearing impairment at the time of policy enrollment, and the diagnosis was only made after objective tests conducted post-policy inception. The evidence presented by the Appellant regarding alleged non-disclosure was not sufficiently authenticated or corroborated by expert testim…
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.
Opito T/A Salem Appraisal v NIKO Insurance Uganda Limited (Civil Appeal 93 of 2017) [2024] UGHCCD 33 (19 February 2024)
Court
HC: Civil Division (Uganda)
Case number
Civil Appeal 93 of 2017
Judge
Boniface Wamala, J
The court found that the preliminary objection raised by the appellant required the court to go beyond the pleadings and ascertain facts regarding whether the insurance contract had been legally avoided. The mere default in premium payment did not, by itself, constitute avoidance of the contract under Section 34 of the Insurance Act. Determining whether the contract was voidable or had been avoided required evidential proof, which could not be resolved at the preliminary objection stage. The trial magistrate correctly held that the plaint disclosed a cause of action and that the issues raised…
The Tribunal found that there was no valid contract of insurance between the Appellant and the Respondent for the period in question. The evidence showed that no premium was paid for the renewal period, and the regulatory framework, as reinstated by the Insurance Regulatory Authority's public notice of May 2021, required payment of premium before policy inception or renewal. The Certificate of Insurance produced by the Appellant was a Motor Third Party certificate and not a comprehensive policy, lacking the essential features of an insurance contract. The Tribunal further found that Sheila Tu…
Ssebaduka v EFC Uganda Limited (MDI) (Civil Suit 898 of 2021) [2023] UGCommC 80 (1 September 2023)
Court
Commercial Court of Uganda
Case number
Civil Suit 898 of 2021
Judge
Kahigi Asiimwe, J
The court dismissed a borrower’s claim against his lender over an expired insurance policy on a secured motor vehicle, finding no contractual, fiduciary, or negligence duty to renew it.
The Tribunal set aside the IRA’s later decision, held the insurer had waived lapsation by accepting premiums, and ordered payment of surrender value and damages.
