Legal Alert: Landmark High Court Ruling on Gift Inter Vivos in Uganda.

In a recent ruling by the High Court of Uganda on October 10, 2023, in the case of Ssekamwa Sande (Administrator of the Estate of the Late Nadduli Keresipo) vs. Mukaaya William, a critical issue revolved around the validity of a gift inter vivos and its implications on the respondent's suit, civil suit No. 084 of 2023.

Background:

The primary question before the court was whether the civil suit should be dismissed due to the alleged inadequacies in the gift inter vivos, forming the basis of the respondent's claim. The term "gift inter vivos" refers to a gift of personal property made during the donor's lifetime, delivered to the donee with the intention of irrevocably surrendering control over the property.

Legal Considerations:

To address this issue, the court delved into the legal framework governing preliminary objections based on points of law, as stipulated under Order 6 Rule 29 of the Civil Procedure Rules. Notably, a preliminary point of law is a question of law determined before the facts of the case, and it can lead to the dismissal of a suit if it substantially disposes of the case or any distinct cause of action.

The Gift Inter Vivos:

For a gift inter vivos to be considered valid and irrevocable, the donor must demonstrate the intent to gift, deliver the gift, and have the donee accept it. This concept becomes particularly relevant when the claim is based on registered land, where additional formalities are essential for the gift to be irrevocable.

Court's Ruling:

In the context of the case, the court cited the celebrated decision of *George William Kalule vs. Norah Nasozi & Anor*, emphasizing that a gift inter vivos must be complete, with the donor having done everything necessary for the donee to complete their title. If the donee needs court intervention to complete their title, equity may not assist them. However, if the donee has done everything within their control to constitute their title, the gift is considered complete.

Conclusion:

The court's decision in this case highlights the critical legal requirements for a valid gift inter vivos, particularly when based on registered land. Understanding the nuances of these requirements is essential to ensure the enforceability of such gifts. It serves as a reminder of the importance of meeting these legal standards to avoid disputes and potential revocation of gifts. Find full case on LinkedIn 👇🏻

https://www.linkedin.com/feed/update/urn:li:activity:7118938313822003200 Or on Telegram👇🏻 https://t.me/+jZ2V-hYEgcEwN2U1 For more details on this ruling and its implications, please consult with legal experts or refer to the court's official documents

[Note: This legal alert is provided for informational purposes only and should not be construed as legal advice.]