Lawpoint Uganda

The court held that where a valid and enforceable arbitration agreement exists, the court's jurisdiction is ousted and the dispute must be subjected to arbitration. The court cited the Court of Appeal's decision in Babcon Uganda Limited versus Mbale Resort Hotel Limited, CACA No. 87 of 2011, where it was observed that....The court further noted that enforcement of arbitration agreements is intended to respect freedom of contract and foster party autonomy, and that the court's

The Court observed that the progressive alienation of Basongora land, from the colonial period through to successive post-colonial Governments, occurred in complete disregard of the common law doctrine of pre-existing rights and the doctrine of native or aboriginal title. The Court cited the landmark Australian High Court decision of Eddie Koiki Mabo and Others v Queensland (No.2) [1992] HCA 23, in which Brennan J stated as follows: "The term 'native title' conveniently descr

INTRODUCTION Visa policies are more than administrative tools but also instruments of law and diplomacy that shape how states interact with one another. Uganda’s decision to exempt holders of diplomatic and official passports from certain countries and official passports from certain countries reflects a deliberate balance between domestic legal authority and international cooperation. This essay explores the legal foundations of Uganda’s visa-free regime, its diplomatic sign

The court clarified the law on estate transactions, reaffirming that transactions on estate property, including leasing, renting out or selling, require the consent of all beneficiaries, and that a beneficiary cannot validly dispose of or lease out the whole or another beneficiary's share without proper authorisation, citing Biribonwa Patrick & ors v Nyombi Herbert, Civil Appeal No. 0067 of 2022.

On the element of mens rea, the court applied both the standard of "knowledge" (conscious awareness) and "reason to believe" (sufficient cause to believe, assessed objectively). Relying on academic commentary from the International Journal of Law Management & Humanities (2019), the court noted that either standard, if established, is sufficient to prove the required mental element.

The Court further clarified that, while courts retain wide discretion to award compensatory damages in lieu of recovery of land where restitution is impractical, such as due to irreversibility of transactions, a plaintiff’s election of remedy, or the impracticality of physical recovery, any such award must be supported by evidence or proper professional valuation, canvassed by the parties, and grounded in the fair market value of the land at the time of judgment pursuant to s

Where the Applicant fails to demonstrate that the pending application has a likelihood of success, the balance of convenience tilts in favour of allowing the successful party to enjoy the fruits of the judgment. Courts have consistently emphasised that litigation must come to an end and that a successful litigant should not be unnecessarily deprived of the fruits of their judgment

The Court further observed that by summarily determining Civil Suit 1120 of 2025, it was likely to preempt the outcome of Civil Suit 535 of 2024 and render it nugatory as stated by the applicants. The Court clarified that if the Civil Division found that the encashment was illegal or wrongful, that finding would directly affect (and likely defeat) the claim in the suit before it. In other words, the suit before this Court was dependent on and intertwined with the issue before

The Court's interpretation of "employed in a public body" under Section 10(1) of the Anti-Corruption Act is not confined to persons legally and formally holding a public office. The substantive public employment relationship, even if a particular acting role has technically lapsed, is sufficient to attract criminal liability where the officer knowingly and willfully continues to exercise that role's powers.

It is my considered view that even without actual cash flow, any tax payer is deemed to have paid the interest for tax purposes at capitalisation thus triggering withholding tax at that stage, regardless....once capitalised, the interest ceased to be characterised as interest and became part of the principal loan, on which the lender was entitled to further interest. UTI B.V. recognised interest income in its books of account for 2012–2017 and paid tax on those amounts in the

The Court first noted the termination letter gave no reasons and only provided notice, suggesting a no‑fault termination. As held in Stanbic Bank v Nassanga, a straight termination (no-fault) needs no reason or hearing if notice is paid: “if termination can be for a reason or none then termination does not require a hearing”. Here, the letter paid two months’ salary but said nothing about misconduct, which prima facie would be lawful under the Employment Act Section. 64(1)(a)

The Court identified two key elements of fraud on the facts, first, the concealment of the true nature of the transaction, namely that the agreements were intended as security for a loan rather than as instruments of a genuine sale; and second, the deliberate mischaracterisation of the transaction as a sale, which had the effect of depriving the parties of appropriate equitable remedies, such as an account of the sums advanced and repaid.

A service provider induces infringement where it actively encourages infringement through specific acts, such as express promotion, marketing, or other conduct demonstrating an intent to promote infringing use. Knowledge of infringement alone is insufficient; there must be affirmative conduct directed at

Where a worker alleges occupational injury, disease, or disability arising from employment, the Workers Compensation Act (Cap. 225) provides the exclusive and adequate statutory framework. Employees and their advocates must channel such claims through the statutory workers' compensation Act, not constitutional litigation for rights enforcements

The Court emphasized statutory priority: “The surviving spouse shall have preference over any other person in the administration of the estate of a deceased intestate.” It held: The Plaintiff, as widow, is first entitled The Defendant, as a brother, has no beneficial interest Co-administration would “only entrench discord and delay distribution”

The Court noted that the right to a fair hearing is a non-derogable right under Article 44(c) of the Constitution, and that a criminal conviction or incarceration does not extinguish this right. Invoking the Judicature (Electronic Filing, Service and Virtual Proceedings Rules) 2025, specifically Regulation 28(a) and (e), the Court reasoned that an incarcerated person can participate in civil proceedings via a virtual audio link, underscoring that imprisonment is not a barrier

A careful examination of S.24(6) and paragraph 1(z) shows that these two provisions are in conflict. This conflict is not apparent and only to force in cases where the Aid-funded project under S.24(6) is either a hydro-electric power,solar geothermal,bio-gas or wind energy project. Suppliers of goods and services to the contractors and subcontractors of Aid-funded, hydro-electric power, solar, geothermal, bio-gas or wind energy projects, cannot avail themselves of this p

 Contracts must go beyond standard clauses to specifically address AI training, clearly define whether an AI provider acts as a processor or controller, and allocate liability for automated decision-making outcomes.

"The definition of 'defamatory matter' in section 163 PCA does not bode well with the standard of proof for offences that are proscribed by the Penal Code Act, which is 'beyond reasonable doubt.' It leaves the definition of the misdemeanour called 'libel' uncertain, vague, indefinite, unspecified, and... ambiguous." — Mulyagonja, JCC

Whilst the drawer may lawfully countermand payment under Section 74(a), the Court made clear that such authority does not extinguish the underlying obligation to pay. The defendant's admission in his witness statement that he issued the cheque and stopped payment was fatal to his defence.

While the court acknowledged the High Court's inherent power to sever joint tenancies the exercise of this power is contingent on the underlying tenancy being uncontested. Where the very registration of joint tenancy is impugned as fraudulent, the joint tenancy dispute cannot be determined without first resolving the fraud issue, which requires an ordinary suit.

Australia and Belgium have implemented robust measures to protect children online, focusing on age verification and content restriction. Australia passed a law banning children under 16 from social media and enforces mandatory age verification for adult sites. Belgium, particularly Flanders, targets stricter age checks, banning addictive features, and prohibiting personalized ads for minors, offering lessons that Uganda can adapt to strengthen protections.

"It is well-settled that where the termination of an employee is based on an investigation, principles of natural justice dictate that the employee in issue must be given the report before the disciplinary hearing to enable them to respond to its findings."

Where a sale transaction is intrinsically void, because the vendor lacked legal authority to sell, the purchaser's bona fides, however genuine, cannot rescue the transaction. The illegality of the underlying transaction defeats the bona fide purchaser defence. Purchasers dealing with land from an estate must verify that valid letters of administration exist and that the administrator has authority to sell.