A legal battle has ensued between Insurance Company of East Africa (ICEA), FedEx Express and Ms Irene Muteteri, a client of the two companies.
Ms Muteteri, who is battling to recover over $600,000 (Shs2.1b) in damages before the Commercial Court in Kampala, claims her goods which had been insured with ICEA, disappeared mysteriously while in transit. FedEx had been hired to transport the goods from Kampala to Israel.
Court documents indicate that on October 23, 2009, Ms Muteteri, entered into an agreement to sell her artworks to Mr Joseph Gabai, where payment would be effected as soon as they were delivered to Mr Joseph Elimelech, who had been assigned to receive them.
The four artworks weighed 30 kilogrammes, according to court documents.
The shock
However on arrival in Israel, clearing agents found the contents of the boxes, as described by the airway bill, had been replaced with newspaper shreds and corrugated cardboards.
Through its lawyers, FedEx on January 10, 2010 accepted liability for the loss of the artworks whilst in transit but contended that its liability was limited to $100.
However, ICEA through its lawyers, denied liability on grounds that the plaintiff (Ms Muteteri) had violated the condition of the insurance agreement, which required her to report the loss immediately or in event not later than three days from date of delivery.
But in her counter argument, Ms Muteteri rejected this dialogue, saying she had not been given nor did she execute any policy that required her to report the loss within three days, adding “I reported the same loss to ICEA immediately on the following working day”.
The matter is before Justice Hellen Obura of the Commercial Court.
Details of case
The dispute. According to court documents: “On November 30, 2009, the plaintiff (Ms Muteteri) received a copy of an email sent to Mr Gabai, the intended buyer of the artwork by an official from FedEx.
The email was informing him that the package had arrived in Israel but contained shreds of newspaper, corrugated cardboard, five floppy discs and empty FedEx bags.”
FRENCH VERSION
Une bataille juridique s’est engagé entre lacompagnie d’assurance de l’Afrique de l’est (ICEA),FedEx Express et Mme Irene Muteteri, un client desdeux sociétés.
Le choc
