Uganda Case Law

Nambale, Nerima & Co. Advocates v Liberty General Insurance Uganda Limited (TAT Application 5 of 2023)

Nambale, Nerima & Co. Advocates v Liberty General Insurance Uganda Limited (TAT Application 5 of 2023) [2024] UGIAT 2 (9 February 2024)

Court

Insurance Appeals Tribunal (Uganda)

Case number

TAT Application 5 of 2023

Judges

Nangono Namakiika, chairperson, Mayinja. Panel Member, Okotha, Panel Member, Mayanja

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…

Source excerpt

• Insurance Contracts
• Premium Payment
• Agency Law
• Contract Formation
• Regulatory Compliance

Insurance Company of East Africa (U) Limited v AIG (U) Limited

Insurance Company of East Africa (U) Limited v AIG (U) Limited (Civil Appeal 54 of 2004) [2009] UGCA 61 (5 August 2009)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 54 of 2004

Judge

Mpagi-Bahigeine, JA, Kitumba, JA, Byamugisha, JA

The Court of Appeal held that unpaid insurance premium could not be carried beyond 30 days under section 34, and rejected a common mistake defence.

• Insurance Contracts
• Reinsurance
• Contractual Mistake
• Premium Payment
• Remedies
• Estoppel