Uganda Case Law

Blue Nile Distilleries Limited & Another v Tight Security Limited & CIC General Insurance (U) Limited

Blue Nile Distilleries Limited & Another v Tight Security Limited & CIC General Insurance (U) Limited (Civil Suit 78 of 2020) [2024] UGCommC 182 (13 June 2024)

Court

Commercial Court of Uganda

Case number

Civil Suit 78 of 2020

Judge

Tumusiime Rubagumya, J

The High Court found a security company liable for theft by its guard, upheld a contractual liability cap of UGX 500,000, and awarded general damages and costs.

• Contractual Liability
• Insurance Subrogation
• Vicarious Liability
• Negligence Of Security Services
• Exclusion Clauses
• Damages And Interest

ICEA General Insurance Co. Limited v Kiganda

ICEA General Insurance Co. Limited v Kiganda (Civil Suit 993 of 2017) [2023] UGCommC 286 (12 April 2023)

Court

Commercial Court of Uganda

Case number

Civil Suit 993 of 2017

Judge

Anna B. Mugenyi, J

An insurer’s subrogation claim failed because the court found the insured breached utmost good faith and the policy exceptions, and the counterclaim also failed.

• Insurance Subrogation
• Contractual Liability
• Negligence In Transport
• Utmost Good Faith
• Breach Of Policy Exceptions
• Insurance-subrogation

ICEA General Insurance Company Limited & Another v Ultimate Security

ICEA General Insurance Company Limited & Another v Ultimate Security (Civil Suit 328 of 2019) [2023] UGCommC 281 (1 March 2023)

Court

Commercial Court of Uganda

Case number

Civil Suit 328 of 2019

Judge

Anna B. Mugenyi, J

An insurer recovered indemnity from a security company after a burglary at the insured’s premises, relying on subrogation and evidence of the guard’s involvement.

• Insurance Subrogation
• Vicarious Liability
• Breach Of Contract
• Security Services Liability
• Insurance-subrogation
• Vicarious-liability

Doshi Harsware (U) Ltd Vs Security Group (U) Ltd

Doshi Harsware (U) Ltd Vs Security Group (U) Ltd (Civil Appeal No. 0064 of 2011) [2019] UGCA 185 (10 July 2019)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 0064 of 2011

The Court of Appeal held that the trial judge did not err in allowing the amendment of the plaint and that the amended plaint, not the original, should have defined the issues for determination. The court found that the principle of subrogation did not bar the appellant from claiming the unpaid balance from the respondent, as any recovery in excess of the indemnity would be held on trust for the insurer. The doctrine of unjust enrichment was inapplicable because the appellant was only entitled to full indemnity, not more. The court also found that the trial judge erred in awarding costs again…

Source excerpt

• Contractual Liability
• Insurance Subrogation
• Amendment Of Pleadings
• Costs Orders
• Unjust Enrichment