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Uganda decisions
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ICEA General Insurance Company Limited & Another v Ultimate Security (Civil Suit 328 of 2019) [2023] UGCommC 281 (1 March 2023)
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.
Gentex Enterprises Ltd v Security Group (U) Ltd (Civil Suit No. 45 of 2007) [2013] UGCommC 73 (26 April 2013)
The court found that the plaintiff’s premises were broken into and that the theft of Shs. 21,881,300/= was proved on a balance of probabilities, based on documentary evidence of sales and customs entries. The conduct of the defendant’s guard—disappearing from his post and abandoning his gun—was held to be consistent with involvement in the theft. Applying the principle of vicarious liability, the defendant was held responsible for the acts of its servant, as the guard was deployed under the contract to protect the plaintiff’s premises. The court rejected the defendant’s reliance on the exempt…
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Marie Stopes Uganda Limited v Security Group Uganda Limited (Civil Suit No. 69 of 2009) [2013] UGHC 263 (1 March 2013)
The court found that the defendant, through its employee Okello Franco, failed in its contractual and tortious duty to protect the plaintiff's property. The circumstantial evidence, including the guard's disappearance, abandonment of his gun, and failure to report the incident, established either negligence or connivance in the burglary. The defendant's attempt to rely on a limitation of liability clause failed because the plaintiff had not signed the relevant terms, and thus could not be bound by them. The defendant was therefore vicariously liable for the loss suffered by the plaintiff. The…
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