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Uganda decisions
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ICEA General Insurance Co. Limited v Kiganda (Civil Suit 993 of 2017) [2023] UGCommC 286 (12 April 2023)
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.
Lochab Transporters Co. Limited v S.W.T Tanners Ltd (Civil Appeal No. 13 of 2011) [2020] UGCA 2028 (27 February 2020)
The Court of Appeal found that Exhibit P2(i) was not a contract but a consignment note, and the exemption clause was not adequately brought to the respondent's attention prior to execution. The appellant, by accepting and transporting the respondent's goods without exercising any right of refusal, acted as a common carrier and was subject to strict liability for loss or damage to goods in transit. The evidence, including the survey report and witness testimony, established that the goods were loaded onto the appellant's truck and lost while in its custody. The trial Judge correctly applied th…
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