Research Articles

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Browsing Research Articles by Author "Okurut, Emmanuel"

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    The ‘But For’ Test in Proving Causation in Insurance Claims in Uganda
    (STRATHMORE LAW JOURNAL, 2023) Okurut, Emmanuel
    Causation in insurance law refers to the cause-and-effect relationship between an event and the resulting loss or damage. Causation is an important concept because it determines whether an insured party is entitled to coverage under a particular policy. There are several legal principles that are used to evaluate causation in insurance disputes, including the proximate cause rule and the ‘but for’ test. The ‘but for’ test, which inquires whether the loss would not have occurred ‘but for’ the occurrence of the covered event, has been criticized for its oversimplification of the causation analysis and its failure to adequately consider the complex causal chain that often underlies loss. In addition, the ‘but for’ test tends to draw a number of false negatives while taking into account certain irrelevant considerations. In contrast, the proximate cause rule, which requires that the covered event be the primary cause of the loss or damage, offers a more nuanced and comprehensive approach to causation analysis. It considers the full range of factors that may have contributed to the loss or damage and allows for a more flexible and context specific analysis of causation. This article argued that the ‘but for’ test is an unreliable method for proving causation in insurance law and that the proximate cause rule is more appropriate. This article concluded that the proximate cause rule is a more reliable method for proving causation in insurance law and should be adopted as the standard for determining coverage under an insurance policy
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    Charcoal Burning and Climate Change in Uganda: A Legal Perspective
    (International Journal of Research and Innovation in Applied Science, 2020-12) Okurut, Emmanuel
    This paper reviewed the legal perspectives that govern charcoal burning and climate change in Uganda. The paper unveiled legal loopholes in the current legal framework that is causing the prevalence of tree cutting for charcoal business in Uganda. The high demand for charcoal products has forced majority of the poor to engage in this Lucratic business but at the expense of climate change. So far several parts of the country are grappling with cases of droughts and floods hence a looming famine awaits and in some areas of the country, people are dying of the same. This paper recommends that unregulated tree cutting for charcoal business be streamlined by coming up with stringent policies and laws that can equally address this pandemic.
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    Freedom of expression in relation to persons with Deaf blindness in Uganda
    (East African Journal of Peace and Human Rights, 2021) Among, Hope; Okurut, Emmanuel
    The freedom of expression and is deemed a major human right whose protection is essential for the enjoyment of other rights and is exercised at different levels that is the home, community, and national level. According to the UN Human Rights Committee General Comment No. 34, the freedom of expression is the ‘foundation stone for every free and democratic society.’ This reiterates the internationally accepted position that this right is at the core of human existence and in particular, the wellbeing and development of persons with disabilities. Article 21 of CRPD further mandates state parties to ensure that persons with disabilities enjoy and exercise the freedom of expression. This includes the right to seek, receive and impart information through all available forms of communication. Most persons with disabilities have single mainstream impairments which may include visual impairments, auditory loss, mental health conditions, intellectual/learning impairment, neurological, and physical impairment among others. However, there is a heterogeneous group called the Deafblind, with both auditory loss and impaired vision ranging from mild to severe. The loss usually occurs during pregnancy/in early childhood (congenital), or at a later stage in life (acquired or adventitious) either progressively or instantaneously. This impairment affects one’s ability to learn and interact with the society which are fundamental precepts of freedom of expression. It is on this basis that this article analyzes this right in relation to the Deafblind in Uganda
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    Insurable Interest in the Lives of Minor Children in Uganda
    (Cavendish University Law Journal, 2023-03) Okurut, Emmanuel; Atim, Grace Okeny
    Insurable interest is an essential requirement that distinguishes legitimate life assurance policies from wagers. This paper analyses the statutory insurable interest of parents and guardians of minors, in the lives of those children under Section 133(2)(a) of the Insurance Act of Uganda. This provision implies that parents and guardians of minor children in Uganda are conferred with a statutory insurable interest in the lives of their minor children. Therefore, they may insure the lives of their minor children and become the beneficiaries of such policies. The major problem is that the prospective benefits of such policies taken on the lives of minors may become an incentive for harming or even killing the child. To interpret and determine the appropriateness of Section 133(2)(a) of the Insurance Act, this paper compares the Ugandan legal position with the Common Law. This comparison is essential because Insurance Law in Uganda was heavily influenced by the principles of the Common Law. Insurance regulation was initially written in Uganda by subsidiaries of foreign corporations, mostly those with British, American, and Indian roots, until the late 19th century. The first insurance decree was enacted in 1978, and since then Ugandan insurance legislation has steadily expanded to include all relevant parts of the sector, including life assurance.This paper finds that parents’ and guardians’ presumed insurable interest in the lives of their minor children is not supported under the Common Law. This is because natural affection relationships are not capable of conferring a presumed insurable interest in life assurance. As a result, Section 133(2)(a) of the Insurance Act is largely inappropriate and it is no wonder that life insurers in Uganda do not offer this kind of product. This paper recommends that the provision should be urgently amended to do away with the statutory insurable interest conferred upon parents and guardians in the lives of their minor children.