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Lawpointuganda
1 day ago
INDUSTRIAL COURT AFFIRMS THAT THE DECLARATION OF A HOSTILE WITNESS REQUIRES A DEMONSTRATED DEPARTURE FROM PRIOR STATEMENTS
Where co-defendants have conflicting interests, one may cross-examine the other’s witnesses.


Lawpointuganda
5 days ago
THE SUPREME COURT HAS REAFFIRMED THAT A PERSON CONTRACTING ON BEHALF OF A NON-EXISTENT COMPANY BEARS PERSONAL LIABILITY.
Under Section 33(1)(a) of the Companies Act, a contract is validly executed if signed by an authorized company representative.


Lawpointuganda
5 days ago
HIGH COURT HAS EMPHASIZED THAT AN ARBITRATOR MUST MAINTAIN ACCURATE RECORDS TO PREVENT BIAS ALLEGATIONS-COURTS WILL NOT INTERFERE WITH ARBITRATION AWARDS APART FROM PROCEDURAL IRREGULARITIES.
While the Court does not re-evaluate evidence, it has to ensure that arbitration proceedings adhere to the principles of fairness and due pr


Lawpointuganda
Mar 4
HIGH COURT REAFFIRMS PRINCIPLES OF FAIRNESS AND TRANSPARENCY IN PUBLIC PROCUREMENT PROCESSES—DISQUALIFICATIONS MUST BE JUSTIFIED AND WELL-INVESTIGATED
Procuring entities must ensure that any disqualification or adverse action against a bidder is based on proper investigations and justifiabl

Lawpointuganda
Mar 4
HIGH COURT HAS AFFIRMED THAT STRICT PROOF OF LONG-TERM OCCUPANCY IS REQUIRED TO ESTABLISH A KIBANJA INTEREST – IN A JUDGMENT MERE TEXTUAL SIMILARITIES DO NOT CONSTITUTE JUDICIAL MISCONDUCT
For one to claim an interest in land, he or she must demonstrate that the interest was lawfully acquired from someone who previously had an


Lawpointuganda
Mar 1
HIGH COURT RULES THAT DEFAMATORY STATEMENTS MADE IN PUBLIC FORUMS, SUCH AS WHATSAPP GROUPS, CAN CAUSE SIGNIFICANT REPUTATIONAL DAMAGE.
A defamatory statement is one which has a tendency to injure the reputation of the person to whom it refers by lowering him in the estimatio


Lawpointuganda
Feb 28
The Supreme Court has reinforced the principle that appellate courts cannot substitute their own findings when a case has never been heard on its merits.
The Supreme Court referenced its previous decisions which affirm that courts must allow a full hearing where preliminary objections have be

Obita Calvin Stewart
Feb 25
THE OCCUPATION OF GOMA AND ATTACK ON UGANDA’S EMBASSY: AN INTERNATIONAL LAW PERSPECTIVE
The issue of determining whether an area is subject to the laws of occupation or the laws governing armed conflict is complex and often con


Waboga David
Feb 25
HIGH COURT AFFIRMS REQUIREMENTS FOR GIFTS INTER VIVOS AND SUGGESTS ADDING A FOURTH CONDITION TO THE EXISTING LEGAL FRAMEWORK—ANY UNAUTHORIZED ENTRY ONTO THE LAND BY A THIRD PARTY CONSTITUTES TRESPASS.
The court suggested adding a fourth condition to the existing legal framework, on the legal principles governing gifts inter vivos making th


Waboga David
Feb 22
HIGH COURT CLARIFIES THE NATURE OF MORTGAGE TRANSACTIONS & ENFORCEMENT PROCEDURES—WHO HAS THE CAPACITY TO REPRESENT A COMPANY IN AFFIDAVITS—FAILURE TO CITE CASE LAW DOES NOT INVALIDATE THE CASE.
A distinction was not made between an informal mortgage on customary land and an informal equitable mortgage based on an unregistered intere


Waboga David
Feb 22
HIGH COURT CLARIFIES THE REVOCATION AND APPOINTMENT OF A NEUTRAL ADMINISTRATOR WHERE PARTIES FAIL TO AGREE—LAWYERS WHO REPRESENTED THE PARTIES SHOULD BE PAID FROM THE ESTATE'S INCOME.
Upon revocation of probate or letters of administration, High Court has the authority to appoint a new administrator deemed fit and proper


Waboga David
Feb 21
High Court Clarifies the Jurisdiction of Courts in Arbitration-Related Disputes- A Party's Failure to Comply With Contractual Terms Cannot be Used to Justify Non-Payment For Work Already Done.
If parties engage substantially in litigation without raising arbitration objections, courts may find that the arbitration clause has been


Waboga David
Feb 20
HIGH COURT AFFIRMS THAT MONEY LENDING AGREEMENTS THAT LACK STATUTORY COMPLIANCE ARE VOID AND UNENFORCEABLE
The absence of a party’s signature or third-party witness on a loan agreement implies a lack of consensus, rendering the contract invalid.


Waboga David
Feb 19
High Court Clarifies That Job Loss of a Co-Borrower Does Not Frustrate a Salary Loan Contract.
Once a loan offer is accepted by the borrower and communicated to the lender, it becomes legally binding. The lender cannot unilaterally

Waboga David
Feb 18
The Constitutional Court Holds That Election Disputes Must Be Resolved Within the Election Cycle to Ensure Electoral Justice—Delayed Determination of an Election Petition is Unconstitutional.
The Constitutional Court held that the failure to deliver a timely decision deprived the people of Kibuku County of their constitutional rig


Waboga David
Feb 14
The High Court has Ruled That The Uganda Law Society Act Does Not Empower Any Individual or Council To Unilaterally Suspend Elected Members.– Elected Officials Cannot Be Arbitrarily Removed
Justice Ssekaana has held that the Uganda Law Society Act does not empower any individual or council to unilaterally suspend elected members


Waboga David
Feb 14
Kenya's High Court Rules Cousin Relationships Are Not Incest: Lessons for Uganda’s Sexual Offences Bill 2024 Review
Interestingly, Clause 15(3) of Uganda’s Sexual Offences Bill 2024 allows for exceptions where sexual acts between prohibited relatives are

Lawpointuganda
Feb 14
The Supreme Court of Kenya Clarifies Presumption of Marriage Doctrine
An increasing number of adults choose to cohabit without intending to marry. Courts must respect these choices and refrain from imposing


Waboga David
Feb 5
The Court of Appeal has emphasised that it cannot grant an injunction or stay over an interest in land it has already determined to be non-existent.
The court emphasized that it cannot grant an injunction or stay an interest in land that it has previously determined to be nonexistent.

Obita Calvin Stewart
Jan 29
THE TRIAL OF CIVILIANS IN MILITARY COURTS: A GLOBAL PERSPECTIVE AND THE UGANGAN CONUNDRUM
Several key cases have shaped the jurisprudence on whether military courts can try civilians. These cases reflect global opposition to the p


Waboga David
Jan 25
The High Court Has Clarified Key Legal Principles Regarding Land Ownership, Possessory Rights, and The Administration of Public Land in Uganda.
Statutory leases previously granted to urban authorities under Article 286 ceased, but Article 237(5) and (6) allowed for their conversion t


Waboga David
Jan 23
High Court Clarifies the Use of Originating Summons in Legal Proceedings.
It was held that Originating Summons is not a procedure suitable for resolving disputed questions of fact or cases requiring considerable am


Waboga David
Jan 21
INDUSTRIAL COURT SETS CLEAR RULES FOR EMPLOYMENT REDUNDANCY TERMINATIONS: WHAT THIS MEANS FOR EMPLOYERS AND EMPLOYEES
The court emphasized that redundancy is not about fault but about business needs. However, fairness demands transparency, consultation, and


Waboga David
Jan 18
High Court Warns Lawyers to Avoid Citing Repealed Laws Following the 7th Revised Edition of Uganda’s Principal Legislation-Timely Filing of Affidavits in Reply.
The court emphasized that affidavits should be filed before the hearing of the motion, but the law is silent on the exact timing. In this ca


Waboga David
Jan 13
Constitutional Court Reaffirms That Its Jurisdiction Is Limited to Constitutional Interpretation, Not Individual Rights Enforcement
The court highlighted the distinction between enforcing constitutional rights and interpreting the Constitution. As noted in Tinyefuza v AG,


Waboga David
Jan 12
The High Court Affirms That Delayed Assertion of Ownership Rights Can Undermine Claims, Especially When The Original Owner is Deceased.
It was the court's observation that, the plaintiffs had not acquired any valid interest in the land. As mere caretakers, they could neither


Waboga David
Jan 10
A Purchaser Cannot Claim Ownership or Seek Equitable Remedies Based on Unilateral Actions Undertaken Without Fulfilling Their Contractual Obligations, High Court Affirms.
While equity grants the purchaser an interest in the property upon execution of a sale agreement, this is contingent on compliance with cont


Waboga David
Jan 10
When the Gavel Falls Silent: How the Ugandan Judiciary Silence on Attorney General v Kabaziguruka Reflects a Betrayal of the Social Contract and the Rule of Law
Without decisive action, the dominoes of impunity will continue to fall, and the Judiciary will be remembered as the force that gave them th


An Overview of Evidence II: Document, Judicial Notice, Estoppel, Witnesses, and Burden of Proof.
Whether you're a seasoned lawyer, a budding law student, or simply curious about the inner workings of Uganda’s legal system, understanding


Waboga David
Jan 7
ARE LAWYERS STILL SAFE REPRESENTING CLIENTS IN UGANDA’S GENERAL COURT MARTIAL? A QUESTION OF CONTEMPT FOR JUSTICE OR CONTEMPT OF COURT?
It is high time we confronted the elephant in the room. The safety of lawyers in the General Court Martial and the integrity of the justice

Case Brief Of Hon. Michael Kabaziguruka Versus Attorney General Constitutional Petition No. 45 Of 2016
Civilians can be subject to military law where they are charged with aiding and abetting serving UPDF Officers to commit service offences.

CASE BRIEF OF HERITAGE OIL AND GAS LTD V UGANDA REVENUE AUTHORITY CIVIL APPEAL NO.14 OF 2011
Tax Appeals Tribunal cannot refer disputes before it for arbitration even if the parties had an already existing agreement that permits it


Waboga David
Dec 31, 2024
High Court Clarifies That the Mandatory Writing Requirement for Contracts Exceeding 25 Currency Points (UGX 500,000) Is Flexible Under the Contracts Act in Uganda.
The court clarified that while written agreements for contracts exceeding 25 currency points are strongly recommended to simplify proof of a

Waboga David
Dec 29, 2024
CASE BRIEF: High Court Affirms That Joint Registration of Property Signifies the Parties' Mutual Intent to Co-Own.
The default principle for distributing matrimonial assets is equal sharing, unless there are valid reasons to depart from this standard, suc


Waboga David
Dec 27, 2024
Top 20 Legal Books Every Lawyer Should Read.
A reader lives a thousand lives before he dies . . . The man who never reads lives only one.

![HERITAGE OIL & GAS LIMITED Vs UGANDA REVENUE AUTHORITY, HC [Commercial Division]; Civil Appeals No. 0023 of 2011 & No. 003 of 2012 (CONSOLIDATED)](https://static.wixstatic.com/media/45446b_cf988b86632a4eec995c67abc346a7ac~mv2.jpg/v1/fill/w_267,h_267,fp_0.50_0.50,q_90,enc_auto/45446b_cf988b86632a4eec995c67abc346a7ac~mv2.webp)
Aryamanya Rodrick
Dec 24, 2024
HERITAGE OIL & GAS LIMITED Vs UGANDA REVENUE AUTHORITY, HC [Commercial Division]; Civil Appeals No. 0023 of 2011 & No. 003 of 2012 (CONSOLIDATED)
The phrase “interest in immovable property” is neither defined in the Income Tax Act, Cap. 338 nor the Petroleum (Exploration and Production


Mbabazi Cindy Patricia
Dec 20, 2024
A Case Brief Of 2nd Lt. Ogwang Ambrose v Uganda (Criminal Appeal 48 of 2021) (2024) UGSC 45 (11 December 2024)
Military courts do not confer jurisdiction upon civilian courts unless explicitly provided for by statute.


Lawpointuganda
Dec 16, 2024
Constitutional Court Grants Leave to Amici Curiae in Divorce Act Petition.
A perusal of the intended brief further shows that it is grounded in the law, does not amount to fresh evidence or a new cause of action, do

Lawpointuganda
Dec 13, 2024
New Guidance on Bail for Capital Offences Issued by the Principle Judge
Magistrates Courts are no longer permitted to release accused persons in capital cases on remand beyond 180 days.

Lawpointuganda
Dec 12, 2024
High Court Defines Grounds for Setting Aside Ex Parte Judgments: Advocate Negligence, Fraud, and Due Diligence in Land Disputes.
Courts are empowered to make orders to serve the ends of justice, including setting aside ex parte decrees if the applicant demonstrates suf

Lawpointuganda
Dec 11, 2024
Court of Appeal Declares Appeal Incompetent Due to Procedural Errors and Counsel's Lapses.
While the appellant's constitutional right to appeal was technically upheld, the decision to strike out the appeal demonstrates how procedur

Lawpointuganda
Dec 10, 2024
High Court Affirms that a Market Stall Can Qualify as Matrimonial Property: A Case Analysis on Spousal Consent, Contribution, and Ordinary Residence
A person absenting himself or herself temporarily from his or her place of ordinary residence cannot by reason thereof cease to be ordinaril


Lawpointuganda
Dec 10, 2024
Singapore High Court Ruling on Trustee's Duties and When Some Acts Will Be Invalidated.
The exclusion of two other individuals from the Trust was invalid as it was done with improper motives and was contrary to the purpose of


Lawpointuganda
Dec 9, 2024
HOW TO BRIEF A CASE.
A case brief is a dissection of a judicial opinion -- it contains a written summary of the basic components of that decision.


Lawpointuganda
Dec 8, 2024
Advocate Denis Kusaasira Champions the Radical New Bar Democratization Process.
Together, we must stand united in defending the principles of fairness, democracy, and transparency,


Lawpointuganda
Nov 10, 2024
Intellectual Property and Privacy in the Digital Age: The Case of Mr. Baltasar Ebang Engonga
Intellectual property (IP) laws protect creators’ rights over their work, from traditional media to private digital recordings. The case of

Lawpointuganda
Nov 7, 2024
High Court Reaffirms Limitation Period in Land Recovery Cases.
In examining the question as to whether a suit is barred by limitation, reference is made to the plaint and the annexures thereto.


Lawpointuganda
Nov 7, 2024
High Court Affirms Trial Magistrate’s Decision to Deny Costs in Favor of Promoting Reconciliation Between the Parties.
costs follow the event" is not a rigid rule mandating costs for the successful party

Obita Calvin Stewart
Oct 9, 2024
UGANDA AT 62: THE EVOLUTION OF THE RULE OF LAW POST-INDEPENDENCE
As Uganda celebrates 62 years of independence, the journey of the rule of law reflects both the triumphs and trials of the nation’s legal

Lawpointuganda
Oct 8, 2024
THE FAIRY TALES IN UGANDA’S MOTOR THIRD PARTY INSURANCE POLICY; THE UNATTAINABLE GOAL OF THE CURRENT MOTOR VEHICLE INSURANCE (THIRD PARTY RISKS) ACT
The strict interpretation of this provision is manifest in decided cases for example in the case of Agua Plumbing (U) Ltd v United Assurance
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