Wakilii

Tropical Bank Limited v GoldStar Insurance Company Limited (Appeal 4 of 2023)

Tribunal · [2023] UGIAT 6 · 2023 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from decision of Insurance Regulatory Authority dismissed for non-appearance
Decision
Appeal dismissed for non-appearance with liberty to apply for reinstatement within 30 days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The Insurance Appeals Tribunal dismissed an appeal challenging an Insurance Regulatory Authority decision requiring payment of insurance premium. The Applicant failed to appear on the date fixed for hearing despite proper service of hearing notice. The Tribunal applied Regulation 19 of the Insurance Appeals Tribunal Regulations 2019 which permits dismissal for non-appearance.

Outcome

Appeal dismissed for non-appearance with liberty to apply for reinstatement within 30 days

Facts

Tropical Bank Limited appealed a decision of the Insurance Regulatory Authority dated 2 June 2023 which directed the bank to pay UGX 25,973,924 as premium to GoldStar Insurance Company Limited within 20 working days. The appeal was filed on 29 June 2023 and fixed for hearing on 25 September 2023 at 10:00 am. A hearing notice dated 5 September 2023 was served on and received by both parties. On the hearing date, the Respondent appeared through counsel but the Applicant and its counsel did not appear.

Issues

  1. Whether the Tribunal should dismiss the appeal where the Applicant failed to appear on the date fixed for hearing.

Orders

  • Appeal dismissed for non-appearance by the Applicant.
  • No order as to costs.
  • Applicant at liberty to apply to reinstate the appeal within thirty (30) days in accordance with Regulation 19(2) of the Insurance Appeals Tribunal Regulations.

Rules and key headnotes

Civil Procedure — Non-Appearance — Dismissal for Non-Appearance of Applicant
Where on the date fixed for hearing of an application the Respondent appears but the Applicant does not appear, the Tribunal may dismiss the application pursuant to Regulation 19(1) of the Insurance Appeals Tribunal Regulations 2019.

Legislation cited (1)

  • Insurance Appeals Tribunal Regulations 2019 Regulation 19

Cases cited (1)

  • Kampala International University v Tororo Cement & Others (High Court Civil Application No. 433 of 2006)

Full judgment

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

Tropical Bank Limited v GoldStar Insurance Company Limited (Appeal 4 of 2023) [2023] UGIAT 6 (25 September 2023)
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.