Insurance Appeals Tribunal Regulations

1. These Regulations may be cited as the Insurance Appeals Tribunal Regulations, 2019.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. In these Regulations, unless the context requires otherwise- "Act" means the Insurance Act; "Authority" means the Insurance Regulatory Authority of Uganda; "Chairperson" means the chairperson of the Tribunal; "Tribunal" means the Insurance Appeals Tribunal.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Minister shall appoint the members of the Tribunal and shall appoint one of the members to be the chairperson of the Tribunal.
2. (2) The chairperson of the Tribunal shall be a person qualified to be a judge of the High Court and shall be appointed in consultation with the Judicial Service Commission.
3. (3) The person to be appointed a member of the Tribunal shall be a person who is an associate of the Chartered Insurance Institute (UK) or of an institute of equivalent status, an advocate or a chartered accountant, and shall have professional experience in the respective discipline of at least 15 years.
4. (4) A person does not qualify to be appointed as the chairperson or a member of the Tribunal unless that person- (a) is of high moral character and proven integrity; (b) has not been convicted of an offence of moral integrity; (c) is of sound mind; and (d) has not been declared bankrupt.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The chairperson and the members of the Tribunal shall hold office for a term of three years and shall be eligible for reappointment for one further term.
2. (2) The chairperson and the members of the Tribunal shall hold office on such other terms and conditions as the Minister may determine.
3. (3) The Chairperson or a member may be removed from office for- (a) inability to perform the functions of his or her office arising from infirmity of body or mind; (b) professional misconduct; (c) incompetence; (d) abuse of office; (e) corruption; (f) being declared bankrupt; or (g) conviction for an offence, in Uganda or elsewhere, where the penalty for the offence is imprisonment for more than six months or an equivalent punishment.
4. (4) The chairperson or a member of the Tribunal may resign his or her office by notice, in writing, to the Minister.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Tribunal shall have a registrar who shall be a person qualified to be a registrar of the High Court.
2. (2) The registrar shall be appointed by the Tribunal in consultation with the Judicial Service Commission and the Tribunal may appoint other officers and employees as may be necessary for the effective discharge of the functions of the Tribunal.
3. (3) The registrar shall be in charge of the registry of the Tribunal and shall be responsible for maintaining the register of the Tribunal and keeping the records of the Tribunal and performing such other functions necessary for the proper functioning of the Tribunal.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. For the purposes of performing the functions of the Tribunal, the chairperson of the Tribunal shall- (a) arrange the business of the Tribunal; (b) determine the place at which the Tribunal may sit; and (c) subject to these Regulations, determine the procedure of the Tribunal and the procedure of a particular matter.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Tribunal shall be constituted for proceedings by at least three members of the Tribunal.
2. (2) The chairperson of the Tribunal shall preside over the proceedings of the Tribunal and in the absence of the chairperson, the members present shall elect from amongst themselves a person to preside over the proceedings.
3. (3) Where a member of the Tribunal has an interest in the matter before the Tribunal, that may conflict with the proper performance of the functions of the member, the member shall disclose the interest to the other members and the parties to the proceedings.
4. (4) Where a member discloses an interest under subregulation (3), the member shall not take part in the proceedings or exercise any powers in relation to the application before the Tribunal, except where the parties to the proceedings give their consent. (5) Where a member is not available to participate in the proceedings, under subregulation (3), or is not for any other reason available to take part in the proceedings- (a) if the parties to the proceedings agree, the proceedings shall be conducted by the Tribunal constituted by the remaining two members: or (b) if the parties do not agree, the matter shall be referred to the High Court.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. In performing its functions, the Tribunal shall have power to- (a) take evidence on oath; (b) proceed in the absence of a party who has had reasonable notice of the proceedings; (c) adjourn the hearing of the proceedings; (d) make an order as to costs against any party, which shall be enforceable like an order of the High Court; and (e) examine any witness who is outside Uganda.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A person who is aggrieved by a decision of the Authority shall appeal to the Tribunal by submitting an application to the Tribunal, accompanied by the decision against which the appeal is filled and a non refundable fee specified in Schedule 1 to these Regulations. (2) An application to the Tribunal may be submitted electronically. (3) An application shall be submitted to the Tribunal within one month from the date the Authority communicates its decision to the person who appeals to the Tribunal.
2. (4) An application shall clearly state the reasons for the appeal and shall be dated and signed by the applicant or a representative of the applicant.
3. (5) The application to the Tribunal shall be in the format in Form IAT 1 in Schedule 2 to these Regulations.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Registrar shall, on behalf of the Tribunal, acknowledge receipt of an application by signing and stamping each copy of the application.
2. (2) The duplicate, triplicate and quadruplicate copies of the application shall be returned to be served on the respondent by the applicant.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) An applicant shall, within five working days after receipt of an application by the Tribunal serve the respondent with the application.
2. (2) The applicant shall effect service of an application on the respondent by delivering to the respondent the duplicate, triplicate and quadruplicate copies of the application and the respondent shall accept service by signing and dating the application and returning the duplicate and quadruplicate copies to the applicant.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The respondent shall not later than fifteen days of being served with an application under regulation 11, cause to be lodged with the Tribunal, Form IAT 2 in Schedule 2 to these Regulations.
2. (2) The Form IAT 2 shall be accompanied with two copies of- (a) the decision of the Authority;
3. (b) where applicable, the statement of the reasons for the decision by the Authority; and
4. (c) any documents in the possession of the Authority, which are necessary for the review of the decision of the Authority by the Tribunal.
5. (3) The Tribunal may using Form IAT 3 in Schedule 2 to these Regulations, serve on a party to the proceedings, a Notice requesting for any document which may be required by the Tribunal for the purposes of the proceedings.
6. (4) The party served with a Notice under subregulation (3) shall acknowledge receipt of the Notice by signing and stamping a copy of the Notice which shall be returned to the Tribunal and which shall be proof of service of the Notice.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The registrar shall maintain a register of the applications received which shall indicate- (a) the number of the application; (b) the date on which the application is filed; (c) the name and address of the applicant; (d) a brief description of the decision of the Authority giving rise to the appeal; (e) the documents received from the parties, including those requested for by the Tribunal; (f) the date of the decision or order of the Tribunal and the particulars of the remedy given by the Tribunal; and (g) the date and particulars of execution of the decision or order of the Tribunal.
2. (2) The registrar shall maintain a file for every application which shall contain- (a) the particulars of the application;
3. (b) the notice of the decision; (c) a statement of the reasons for the decision; (d) a list of all the material documents including those requested for by the Tribunal; (e) the record of the proceedings and the evidence given by the parties and their witnesses; (f) the submissions of the parties; and (g) the decision of the Tribunal.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The hearing date for an application shall be fixed by the Tribunal.
2. (2) Where a hearing date is not fixed with the consent of the parties, the Tribunal shall give all the parties to an application a notice of hearing of not less than fourteen working days.
3. (3) The notice of hearing of an application shall be in the format in Form IAT 4 in Schedule 2 to these Regulations.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Tribunal shall, where required, issue summons requiring the attendance of a witness at the time and place specified in the summons.
2. (2) The witness summons shall be in the format in Form IAT 5 in Schedule 2 to these Regulations. (3) A notice or summons issued by the Tribunal shall be dated, signed and affixed with the seal of the Tribunal.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. At any time before the hearing or after the Tribunal issues a hearing notice, a party to the hearing may on application to the Tribunal, obtain summons for a witness whose attendance to produce a document or any other thing named in the summons may be required.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A notice or summons issued under these Regulations, which require to be served shall be served by an officer of the Tribunal or any other person authorised to effect service by the Tribunal.
2. (2) A notice or summons which requires service shall, where practicable, be served personally on the person named in the notice or summons, by delivering or tendering to that person the duplicate copy of the notice or summons.
3. (3) A person upon whom a notice or summons is served shall acknowledge receipt of the notice or summons by signing or putting his or her mark on the original copy of the notice or summons, which shall be returned to the Tribunal.
4. (4) Where a person on whom a notice or summons is served refuses to acknowledge receipt of notice or summons, the person who effects service of the notice of summons shall record the refusal on the notice or summons.
5. (5) Where it is not practicable or possible to effect service of a notice or summons in the manner prescribed under this regulation, service of the summons or notice may be made by-
6. (a) affixing the duplicate copy of the notice or summons to the gate or the main door of the residence of the person named in the notice or summons or by affixing the duplicate copy in a conspicuous place in the office or place of work of the person named in the notice or summons; (b) leaving the duplicate copy of the notice or summons at the residence of the person named in the notice or summons, with an adult person who resides or works at the residence; or (c) publishing the particulars of the notice or summons in a newspaper that is circulated in the area where the person who is summoned resides and affixing a copy of the notice or summons in a conspicuous place in the office of the Tribunal. (6) A notice or summons served on an advocate or a representative or an agent of a party, by registered post or by leaving it at the chambers of the advocate, or at the office or ordinary residence of the representative or agent of the party, shall be presumed to be duly communicated and made known to the party whom the advocate, representative or agent represents and, unless the Tribunal otherwise directs, shall be effectual for all purposes as if it had been served on the party in person.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. Where, on the date fixed for the hearing of an application, the applicant appears but the respondent does not appear, the Tribunal may, if satisfied that the notice or summons was served on the respondent, proceed to hear the application.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Where, on the date fixed for the hearing of an application, the respondent appears but the applicant does not appear, the Tribunal may dismiss the application.
2. (2) Where the Tribunal dismisses an application under subregulation (1), the applicant may within thirty days, apply to the Tribunal to reinstate the application.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. A party may at any time before the final submission by the party, make an oral application to the Tribunal to amend the pleadings of the party.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The parties to the proceedings and their witnesses may give evidence orally and where the parties give evidence orally, the evidence shall be recorded by the Tribunal and the record of evidence shall be signed by the members of the Tribunal.
2. (2) Where the Tribunal directs, evidence may be given in chief by witness statements, and where evidence is given in chief, the witness who gives the evidence shall be cross-examined on it by the other party to the proceedings.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Tribunal shall hear the applicant and the witnesses of the applicant and the respondent shall be given an opportunity to cross-examine the applicant and the witnesses seriatim, as they give evidence.
2. (2) The applicant and the witnesses of the applicant shall have a right to re-examination.
3. (3) At the close of the case of the applicant, the Tribunal shall hear the respondent and the witnesses of the respondent using the procedure in subregulations (1) and (2).
4. (4) The parties may make oral or written submissions, as the Tribunal shall direct. (5) The Tribunal may at any time put questions to either party or to any witness and may, at its discretion, call additional evidence which it may deem necessary for further clarification of an issue raised at a hearing.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. A party to proceedings before the Tribunal may appear in person or may be represented.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Where the Tribunal has to form an opinion upon an issue that requires expert skill or knowledge, the Tribunal shall engage an expert with skill and knowledge on the issue, to be an expert witness in the matter before the Tribunal.
2. (2) The Tribunal shall bear the expenses of the expert witness.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. The Tribunal may, at any time, adjourn the hearing and where the hearing is adjourned, the Tribunal shall fix a date for the further hearing and shall cause a hearing notice to be served on the respondent.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) After concluding the hearing of the evidence and the submissions of the parties, the Tribunal shall, in writing, within two months after the appeal is made to the Tribunal, make a decision on the application.
2. (2) The decision shall be read out to the parties and a copy of the decision, duly certified and signed by the members of the Tribunal who heard the application, shall be served on each party to the application.
3. (3) A decision of the Tribunal shall indicate- (a) the nature of the application; (b) a summary of all the relevant evidence produced at the hearing and the reasons for rejecting or accepting the evidence; (c) the reasons for the decision; and (d) an order to costs and the relief or remedy, if any, to which the applicant is entitled.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A party to the proceedings before the Tribunal who is aggrieved by the decisions of the Tribunal may, within thirty days after being notified of the decision of the Tribunal or within such further time as the High Court may allow, lodge a notice of appeal with the High Court.
2. (2) The party that intends to appeal against a decision of the Tribunal shall serve a copy of the notice of appeal on the other party to the proceedings before the Tribunal.
3. (3) An appeal to the High Court may be made on questions of law only, and the notice of appeal shall state the question of law that forms the appeal.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

This section states a single governing proposition and does not enumerate separate elements.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. Where necessary, the rules of practice and procedure of the High Court shall with the necessary modifications apply to the proceedings of the Tribunal.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.