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This blog does not contain legal advice. The legal information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based on such information, we encourage you to consult with the appropriate professionals. Authors are liable for any plagiarism and Lawpoint Uganda won`t have liability towards the same.


Court of Appeal Upholds Aggravated Robbery Conviction, Says Strong Circumstantial Evidence, and Victim’s Memory Before Passing Out Can Be Enough to Prove Guilt
“To convict on the basis of circumstantial evidence, the chain of events must be so complete that it establishes the culpability of the appellant, and no one else, without any reasonable doubt. The chain must never be broken at any stage… Suspicion, however strong, cannot provide a basis for inferring guilt.”

Atukunda Joan (Patel)
2 days ago6 min read


If You Were the Last Person Seen with Someone Who Later Dies and You Cannot Explain What Happened, the Court May Conclude You Caused the Death; Court of Appeal Clarifies the “Last Seen” Doctrine
“Where the deceased was last seen with the accused, there is a duty placed on the accused to give an explanation relating to how the deceased met his or her death.” And further: “The doctrine of ‘last seen’ means that the law presumes that the person last seen with a deceased bears full responsibility for his death… In the absence of a satisfactory explanation… the Court will be justified in drawing the inference that the accused person killed the deceased.” The Court held th

Mutungi Owen Mark
4 days ago7 min read


“A Certificate of Title Does Not Automatically Confer Vacant Possession and Remains Subject to the Statutory Rights of Bona Fide Occupants under the Land Act.” High Court Rules.
A person who occupied land unchallenged by the registered owner for 12 or more years before the 1995 Constitution came into force are bonafide occupants under Section 29(2)(a) of the Land Act. Such occupants cannot be arbitrarily evicted and their occupation is not unlawful, meaning a trespass claim will fail on the third element.

Kiiza John Paul
7 days ago5 min read


While a guilty plea is a mitigating factor, it does not entitle an accused to a drastically reduced sentence, particularly in cases involving grave offences against minors. Court of Appeal Rules.
"The offence of aggravated defilement is a very grave offence whose maximum punishment is death and given the circumstances of this case, the appellant defiled an 8-year-old girl. Despite those circumstances, the learned trial Judge exercised her discretion and spared the appellant the death sentence and she instead sentenced him to 25 years' imprisonment."

Harmony Ritah Owomugisha
Feb 234 min read


''There is absolutely no reasonable justification for a lessee refusing to pay rent while insisting on continued occupation.'' The High Court declares Muwema & Co. to be in wrongful possession.
The Court established that a tenant seeking reimbursement or set-off for works done on leased premises must demonstrate: (a) written contractual authorisation for the works; (b) specific pleading of the expenditure as special damages; and (c) definitive, documentary evidence of actual expenditure (receipts, bank transfers, expert reports). Mere oral testimony, estimated totals, or itemised lists without supporting records will be insufficient.

Waboga David
Feb 217 min read


High Court at Kabale Dismisses Appeal, Rules That 2008 Gift Deed Made Without Letters of Administration Is Invalid.
The Court noted that the memorandum of appeal did not reference a decree and final orders of the lower court, and that none was present on the record. The Court held "An appeal lies from a decree or order, not merely a judgment. Absence of an extracted decree is a recognized defect in appellate practice."

Atukunda Joan (Patel)
Feb 164 min read


A Judge Retains the Absolute Right to Alter Their View, Rewrite Their Opinion, or Dissent Until Formal Pronouncement in Open Court or Perfection Through Signing and Delivery. Supreme Court Rules
While Article 126(2)(e) directs courts to administer substantive justice without undue regard to technicalities, this principle cannot be invoked to bypass or override express constitutional provisions regarding court composition. Constitutional mandates on judicial composition are not 'technicalities' but fundamental jurisdictional requirements.

Mutungi Owen Mark
Feb 1611 min read


A Shareholder who owns 90% of the shares is legally entitled to management control, absent illegality or fraud. High Court Rules
When parties enter into a share sale and transfer agreement that expressly provides for management control to vest in the purchaser, courts will enforce those contractual terms. Clauses specifying management rights and restricting minority shareholders from day-to-day involvement are valid and binding.

Yvette Catrina
Feb 136 min read


AI Is Capable of Being Patented, UK Supreme Court Rules.
Contrary to the High Court's determination, the Supreme Court held that artificial neural networks constitute "programs for a computer" in a technologically neutral sense. Their architecture, including weights, biases, structure, and activation functions, operates as instructions executed by computing devices, whether implemented through software or hardware.

Waboga David
Feb 1211 min read


High Court Emphasizes the Primacy of Written Agreements, Holding That Goodwill Is No Substitute for Formal Contracts and That Continued Occupation After Withdrawal of Permission Amounts to Trespass
A caretaker's authority is strictly limited to the terms of their appointment. Unless expressly authorized in writing, caretakers cannot bind property owners to financial obligations, hire professional services, or incur expenses on the owner's behalf. A person who lawfully enters property under a license or permission becomes a trespasser when they refuse to leave after that permission is revoked. The Plaintiff entered the land legally in 2006 but became a trespasser in 202

Waboga David
Feb 1110 min read


High Court Finds the Disqualification of Nattabi Margaret from the Makerere University Students’ Guild Election Unlawful for Breach of Natural Justice and the Right to a Fair Hearing
FACTS Nattabi Margaret, the Applicant, applied and was successfully nominated as a candidate for the 89th Guild Presidential elections at Makerere University on 31st March 2023. On 4th April 2023, she was invited by the Mitchell Hall Students’ Common Room to participate in a panel discussion on 5th April 2023, as is customary prior to guild elections, to update students on the prospects of renovating hall infrastructure. The Applicant attended and addressed students on 5th Ap

Harmony Ritah Owomugisha
Feb 106 min read


Land Caveats Protecting Family Beneficiaries Cannot Be Removed Unless Strong Reasons Are Shown, High Court Warns.
Section 124 of the Registration of Titles Act grants courts discretion to vacate a caveat where
the caveator fails to show cause for its continuance. However, beneficiary caveats, especially
those lodged to protect the interests of minors in an estate, are afforded stronger protection and
should not be removed without compelling reasons.

Mutungi Owen Mark
Feb 95 min read


High Court Allows Land Owner's Appeal to Update His Court Papers in Kigoogwa Land Trespass Dispute
Applying Section 34(1)(a) of the Interpretation Act, the Court held that time begins to run the day after delivery of the ruling, not on the day of delivery itself. The Court stated: "The settled principle of law is that the day on which the decision is delivered is excluded, and time begins to run on the following day... time began to run on 18 April 2025, and the seventh day fell on 24 April 2025. The Applicant filed a letter requesting for the record of proceedings on 24 A

Atukunda Joan (Patel)
Feb 88 min read


High Court Finds Bulenge Investment Ltd Liable for Breach of Investment Agreement Arising from Non-Remittance of Profits and Principal
Regarding lifting the corporate veil, the Court referenced Section 18 of the Companies Act, which allows piercing the corporate veil in cases of fraud. However, the Court stated: "The Plaintiff having failed to prove the averment that the 2nd Defendant is a director in the 1st Plaintiff company, by itself already fails any attempt to lift the 2nd Defendant company's veil."
"However, in this instant case where fraud was pleaded, the Plaintiff is required to prove the allegatio

Waboga David
Feb 78 min read


High Court Holds That Counsel’s Error in Using the Wrong Procedure (Notice of Appeal Instead of a Memorandum of Appeal) May Constitute Sufficient Cause for Enlargement of Time.
The Court found that prior counsel attempted to commence the appeal using the wrong procedure by filing a Notice of Appeal on March 28, 2023, instead of a Memorandum of Appeal as required by Order XL Rule 1 of the Civil Procedure Rules.
The Court held this mistake of counsel constituted sufficient cause, citing Florence Nabatanzi v Naome Binsobedde (Supreme Court Civil Application No. 6 of 1987).
The Court adopted a liberal standard of scrutiny, emphasizing the need to bal

Waboga David
Feb 65 min read


High Court at Kabale Affirms That Even Under Customary Law, Gifts Must Be Perfected During the Donor’s Lifetime: Post-Death Ceremonies, Possession, or Gift Deeds Cannot Cure an Uncompleted Gift
The court clarified that although one has been gifted land, the gifting must be a gift inter vivos. citing the case of Kakembo & 4 others v Nakato (civil suit 305 of 2022) [2025] UGHCFD 21, the validity of a gift inter-vivos, mainly involving land, depends on its completion during the donor's lifetime. Court further emphasized that the deceased's transfer of land to the Respondent was not complete and not perfected, citing the case of Ssekamwa Sande (Adminsitrator of the Esta

Waboga David
Feb 46 min read


High Court Affirms Customary Land Ownership, Clarifies Limitation of Actions, and Holds That Only District Land Boards May Lawfully Allocate Unowned Land
The Court upheld the finding that the respondent validly inherited the land under customary tenure:
“There was credible evidence that the respondent inherited the suit land as a customary holding… There was no contrary evidence capable of controverting it.”
The court further upheld that the Respondent proved customary inheritance; the appellants' claims were invalid as allocations by the Town Board/Sub-County lacked authority under Section 59(1)(a) Land Act. Citizenship is no

Waboga David
Feb 46 min read


High Court Holds That Where a Tenancy Expires and the Tenant Holds Over, the Tenant Must Continue Paying the Same Rent and Complying With the Original Terms Absent a New Agreement or Lawful Notice of
In respect of vehicles taken without concluded agreements, the Court invoked section 58 of the Contracts Act, holding that a quasi-contract arises where one party confers a benefit under circumstances making it unjust for the recipient to retain it without payment, observing that “a quasi-contract is triggered when one party confers a benefit upon another party under circumstances that would make it unjust for the recipient to retain the benefit without paying for it.”

Waboga David
Feb 28 min read


High Court Holds: “Not Every Mental Illness Equates to Lack of Mental Capacity, The Mental Health Act Protects the Legal Capacity of Persons with Mental Illness”
The Court emphasized that mental illness does not automatically equate to lack of legal capacity and underscored the importance of due process under the Mental Health Act. The Court adopted the statutory definition under Section 2 of the Mental Health Act: “Mental capacity means the independent and informed cognitive ability to understand the nature and effects of one’s decisions and actions.” Relying on prior jurisprudence, the Court held that while a formal diagnosis is not

SSALI JUNIOR JOHN NDIGEJJERAWA KIGONGO
Jan 293 min read


High Court Says Electoral Timelines Are “Neither Negotiable nor Extendable by Any Court, for Whatever Reason.”
The Court placed the burden squarely on intending petitioners to remain vigilant. It is incumbent on especially the complainant to lay wait at the Commission through any means they may know of to ensure that the decision is not delivered and the 5 days expire while they are unaware. This is where the diligence, vigilance and precaution comes in.

Waboga David
Jan 235 min read


High Court Holds That a Lawful Arrest Does Not Immunize Police from Liability for Acts of Torture Committed During Custody; Freedom from Torture under Article 44(c) Is Absolute and Non-Derogable
The Court stated that “torture is torture, and should not be justified in any circumstance. Police are the state’s custodians of law and order, and any police action must be authorised by law. Torture negates the police power.” Consequently, the Court confirmed that the Applicant’s rights under Articles 24 and 44(c) of the Constitution had been violated.

Waboga David
Jan 236 min read


High Court Holds That a Party Pleading Illiteracy May Be Recalled for Further Cross-Examination Where Subsequent Conduct Contradicts That Claim, Even After Closure of the Case
In considering whether to reopen, the Court should turn its mind to the relevance of the proposed evidence, the effect, if any, of reopening on the orderly and expeditious conduct of the trial at large, and most fundamentally, whether the other party will be prejudiced if the reopening is permitted.

Waboga David
Jan 215 min read


High Court Finds Fraudulent Misrepresentation Where Loan-Security Documents Were Passed Off as a Sale: Contracts Based on Fraud Are Void and Condominium Parent Titles Cannot Be Sold
While section 92 of the Evidence Act bars oral evidence from contradicting written contracts, the Court reiterated a critical exception: “Parol evidence is admissible to show fraudulent inducement to contract.” The Court found that the Plaintiff misrepresented the nature of the documents to the Defendant, inducing him to sign what he believed were loan-security documents, not a sale agreement. “Misrepresentation of a material fact is actionable fraud. A contract based on frau

Waboga David
Jan 209 min read


Merely holding a political or organizational position does not automatically confer standing to challenge an election. High Court Rules
The Court observed that Article 61(1)(f) of the Constitution empowers the Electoral Commission to hear and determine election complaints arising before and during polling. In tandem, Article 64(1) of the Constitution grants a right of appeal to the High Court for any person aggrieved by a decision of the Electoral Commission made within that mandate. These constitutional provisions are operationalized by Section 15 of the Electoral Commission Act, Cap 176, which authorizes th

Waboga David
Jan 136 min read
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