Wakilii

Leads Insurance ltd v Insurance Regulatory Authority & anor (Misc. Application No. 182 of 2015)

High Court · [2015] UGHCCD 89 · 2015 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of High Court ruling dismissing Misc. Cause No. 171 of 2014
Decision
Application for review dismissed with costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application for review dismissed. The court held that the Insurance Appeals Tribunal operates on an adhoc basis under Section 92A of the Insurance (Amendment) Act 2011, being constituted when needed. The applicant failed to establish any error apparent on the face of the record, discovery of new evidence, or any other sufficient reason warranting review under Section 82 of the Civil Procedure Act and Order 46 of the Civil Procedure Rules. The proper remedy was appeal, not review.

Outcome

Application for review dismissed with costs

Facts

Leads Insurance Limited applied for review of a ruling delivered on 4 May 2015 that dismissed Misc. Cause No. 171 of 2014 on grounds that the matter should have been heard by the Insurance Appeals Tribunal. The applicant contended that the tribunal did not exist and had never been constituted, arguing this was an error on the court record. The applicant asserted it had made inquiries with the Insurance Regulatory Authority confirming the tribunal's non-existence. The respondents opposed, arguing the tribunal operates on an adhoc basis and is constituted when an appeal is filed. The applicant sought review under Sections 82 and 98 of the Civil Procedure Act and Order 46 rules 2, 4 and 8 of the Civil Procedure Rules.

Issues

  1. Whether there is an error apparent on the face of the record warranting review of the ruling dismissing Misc. Cause No. 171 of 2014.
  2. Whether the Insurance Appeals Tribunal exists as a constituted body capable of receiving appeals.
  3. Whether the conditions for review under Section 82 of the Civil Procedure Act and Order 46 of the Civil Procedure Rules have been satisfied.

Orders

  • Application dismissed.
  • Costs awarded to the respondents.

Rules and key headnotes

Civil Procedure — Review of Judgments — Conditions for Review — Error Apparent on Face of Record
An application for review under Section 82 of the Civil Procedure Act and Order 46 of the Civil Procedure Rules requires the applicant to establish discovery of new and important evidence which could not have been produced earlier through due diligence, a mistake or error apparent on the face of the record, or any other sufficient reason warranting review.
Administrative Law — Statutory Tribunals — Adhoc Constitution — Insurance Appeals Tribunal
Where legislation provides that a tribunal operates on an adhoc basis, the tribunal is not required to exist as a permanently constituted body with a physical registry but is formed and constituted when the need arises upon the filing of an appeal.
Civil Procedure — Review versus Appeal — Proper Remedy
Where an applicant is aggrieved by a ruling dismissing a matter on jurisdictional or procedural grounds and fails to establish grounds for review under Order 46 of the Civil Procedure Rules, the proper remedy is to file an appeal rather than seek review.

Legislation cited (9)

Cases cited (2)

  • Edson Kanyabwera v Pastori Tumwebaze (Supreme Court Criminal Appeal No. 06 of 2004)
  • Nile ways (U) Ltd v KCCA and Another (Misc. Application No. 1077 of 2013)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Leads Insurance ltd v Insurance Regulatory Authority & anor (Misc. Application No. 182 of 2015) [2015] UGHCCD 89 (24 August 2015)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.