Insurance Appeals Tribunal (Uganda)

16 judgments
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16 judgments
Citation
Judgment date
February 2025

 

24 February 2025
November 2024

 

8 November 2024
October 2024

 

4 October 2024
August 2024

 

1 August 2024
May 2024

 

31 May 2024

 

14 May 2024
February 2024
No insurance cover where premium unpaid and post-loss certificate and agency/renewal were unproven.
Insurance law – Condition precedent of premium payment (Section 63) and cash-and-carry reinstatement; Policy formation – distinction between certificates/stickers and operative policy documents; Agency – disqualification of intermediary employed by an insurer and ineffectiveness of ratification after loss; Evidence – need for ad idem on renewal and proof of premium payment; Remedies – no indemnity where no valid contract.
9 February 2024
January 2024
Whether insurer is entitled to prorated premiums where regulator temporarily deferred upfront premium-payment requirements.
Insurance law — premium as condition precedent under Section 63 Insurance Act 2017; premium-warranty clauses; regulatory suspension of premium-payment consequences (IRA COVID-19 circular); validity of cover without upfront payment; estoppel by conduct; entitlement to prorated premium.
31 January 2024
September 2023
Appeal dismissed for applicant's non-appearance under Regulation 19; applicant may seek reinstatement within 30 days.
Administrative law – Procedural default – Non-appearance at scheduled hearing – Insurance Appeals Tribunal Regulations 2019, Regulation 19 – Dismissal of appeal and right to apply for reinstatement.
25 September 2023
July 2023
14 July 2023
June 2023
Application for leave to appeal out of time dismissed for inordinate, unexplained delay; death of co-director was remote and insufficient.
Enlargement of time – application for leave to appeal out of time – requirement to show sufficient cause and prospects of success – delay must be adequately explained – discretion exercised judicially – factors: length and reason for delay, prospects of success, prejudice to respondent.
23 June 2023
April 2023
26 April 2023
26 April 2023
March 2023
24 March 2023
January 2023
Unpaid or belatedly paid admitted sums remain part of taxable subject matter; instruction fees reduced where matter ends on preliminary point.
* Taxation of costs – determination of taxable subject matter – admission must be unconditional and paid without unreasonable delay to exclude sum from subject matter. * Costs – instruction fees – entitlement grows with progression of matter; fees may be discounted where matter resolved on preliminary point and did not proceed to full trial. * Taxing officer’s discretion – ability to adjust instruction fees based on complexity, advocate’s involvement and extent of proceedings.
2 January 2023
December 2022
19 December 2022