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The Commercial High Court dismissed Bollore’s appeal and upheld subrogation recovery by Prime Insurance after indemnifying Horizon Logistics for cargo fire losses.
The Supreme Court held that Mongolia Clearing Agency Ltd was liable for customs duties on goods lost in transit and that SONARWA was right to pay and seek reimbursement.
The insurer is liable for half of the compensation because both the insured driver and the bicycle rider contributed to the accident. The insurer's failure to request a counter-expertise within the legal timeframe means the claimant's medical report on disability is binding for compensation purposes.
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The insurer is liable for half of the compensation since both the insured driver and the cyclist contributed to the accident; the insurer's failure to request a 'contre-expertise' means the claimant's medical assessment is binding for compensation purposes.
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REG is strictly liable for the damages resulting from the electrocution death because the accident was caused by its fallen power lines, which it had a duty to maintain and control. The school bore no responsibility as the accident occurred outside its premises and was not due to its actions. The damages awarded by the lower court were not excessive given the circumstances and precedents. The appeal by REG lacked merit and was dismissed.
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The High Court held that SONARWA, as insurer of the vehicle at fault, must pay the accident damages and not Kamanzi Wellars personally.
Where an employee suffers a workplace accident and the insurance payout is insufficient to cover the actual damages, the employer is liable to pay the difference, and compensation is to be determined based on evidence and the court's discretion, not by formulas applicable to road accidents.
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Where insurance indemnity is insufficient to compensate for workplace injury, the employer is liable for the difference based on evidence and judicial discretion, restoring the employee to the position they would have been in absent the injury.
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The High Court partly allowed an appeal arising from a fatal accident during electricity pole relocation, finding REG liable beyond the insurer’s payment.
SORAS AG Ltd is contractually obligated to indemnify M.T.S. Ltd for the insured vehicles destroyed by fire, as the insurance contract did not exclude liability for acts of employees of the insured or its directors. Kayibanda Joseph is not vicariously liable because the employee acted outside the scope of employment and for personal reasons. Joint liability between SORAS AG Ltd and Nzayirata Donat is improper as the insurance claim is contractual, not delictual. SORAS AG Ltd must pay damages, legal costs, and penalties for delayed payment as per the insurance contract and applicable law.
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