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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.


High Court Upholds Bank of Baroda’s Right to Recall Demand Credit Facilities, but Rejects Foreclosure Remedies for Failure to Comply with Statutory Notice Requirements under the Mortgage Act.
On foreclosure, the court reaffirmed, that the statutory notices under the Mortgage Act (Sections 18, 19, 25 and 27) are mandatory. Since the defendant had issued only the forty-five working days' default notice and had not adduced evidence of all required notices, foreclosure was declined at this stage. On interest, the court awarded simple interest at 10% per annum from the date of judgment, following the approach

Waboga David
43 minutes ago10 min read


High Court Sets Aside Housing Finance Bank’s Sale of Mortgaged Property, Holding That Default Alone Does Not Trigger a Valid Power of Sale Without Proper Statutory Notice Under Section 18 of the M.A
The court found that the bank breached this duty by relying on a stale valuation report containing manifest errors, delaying the sale for months after the initial advertisement, and conducting an opaque auction process with no documentary proof of competing bids. The court noted that the property was sold at a gross undervalue of UGX 135,000,000/=, despite the plaintiffs having identified a buyer willing to pay UGX 235,000,000/=.

Simon Muhindo
14 hours ago7 min read


The High Court Clarifies that Where a National Sports Body Exercises Public Power Over Athletes, Its Disciplinary Decisions Are Subject to Judicial Review
The Court found that the Union was not acting as an ordinary private club dealing with a purely private contractual relationship but was exercising disciplinary authority over a national athlete within an organized national sports framework. In reaching its decision, the Court relied on Chief Constable of North Wales Police v Evans and the Judicature (Judicial Review) (Amendment) Rules, 2019, which extend judicial review to bodies exercising quasi-judicial functions or perfor

Waboga David
6 days ago6 min read


High Court Rules That Delivery and Acceptance of Goods May Constitute Sufficient Performance to Render an Oral Contract Enforceable Despite a Statutory Requirement for Writing
In the absence of explicit conditional purchase or consignment clauses, a distributor cannot withhold payment from a manufacturer merely because the contemplated end-use, such as a government tender, subsequently falls through.

Waboga David
6 days ago5 min read


A distrained asset held by the URA in enforcement of the very tax in dispute qualifies as a realised security and must be credited toward the Section 15(1) TAT Act deposit requirement; the word "pay"
The learned judge found that the TAT, upon identifying a shortfall of approximately UGX 294 million between the vehicle's value and the 30% threshold, was not entitled to summarily dismiss a UGX 4.3 billion dispute on that basis. Her Ladyship held that a taxpayer who had surrendered a vehicle worth over UGX 1 billion had demonstrated sufficient intent to comply and should have been given a fixed deadline to pay the balance. She found that the interest of justice, as enshrined

Waboga David
May 286 min read


Limitations in Uganda’s Data Protection and Privacy Act Cap 97: Narrow Scope of Sensitive Data And Lack of Explicit Protections For Biometrics, Genetics, And Location Data
In his article, “Limitations of Uganda’s Data Protection and Privacy Act (Cap 97): Narrow Scope of Sensitive Data and Lack of Explicit Protections for Biometrics, Genetics, and Location Data,” Ssali explores how these gaps expose individuals to growing privacy risks in an era increasingly shaped by facial recognition technology, DNA profiling, and continuous geolocation tracking.

SSALI JUNIOR JOHN NDIGEJJERAWA KIGONGO
May 281 min read


High Court Orders Exhumation and DNA Testing of 26 Alleged Beneficiaries; Says Courts Must Ascertain True Beneficiaries Before Distribution of an Intestate Estate and That a Contested Foreign Divorce
DNA results are scientific proof of paternity and that the court
is more inclined to believe a scientific report over evidence based on
social information alone. A sibling kinship test, while not a primary
paternity test against the deceased, establishes with forensic
precision the probability that the tested individuals share a common
biological father. It is a recognized and scientifically sound tool for
the determination of parentage in circumstances where the primar

Waboga David
May 248 min read


When a party fails to file submissions, the opposing party should formally notify the Registrar and request dismissal or a decision based on available records. High Court at Kabale Rules.
The High Court dismissed the appeal with prejudice due to the appellant's failure to comply with the briefing schedule and file submissions. The court also indicated that the appeal would have failed on substantive grounds related to the Limitation Act and the Succession Act.

Waboga David
May 244 min read


Starlink's Entry into Uganda Will Transform Internet, But it Could Test Telecom Dominance
However, affordability remains a critical concern. Starlink internet equipment in Uganda costs between UGX 1.5 million and UGX 4.3 million depending on the model, with monthly service plans ranging from $90 to $120, steep figures compared to what local providers charge, and well beyond the reach of most Ugandan households. Without subsidies or creative financing models, the risk is that Starlink becomes a service for Uganda's elite, leaving the telecom incumbents' mass-marke

Kalungi Abu Kareem
May 234 min read


A mere notice of appeal filed in the lower court, without evidence of filing in the appellate court (serial number, stamp, memorandum), may not successfully ground a lis pendens objection. Court Rules
Once the High Court determines an appeal from a lower court decision on merit, it becomes functus officio in relation to that decision. Any subsequent attempt to re-appeal the same lower court judgment to the High Court will be barred by res judicata under Section 7 of the Civil Procedure Act.

Waboga David
May 226 min read


High Court at Kabale Strikes Out Criminal Appeal, Holds That a Criminal Appeal Is Incompetent Without a Notice of Appeal & That Filing a Memorandum of Appeal Alone Does Not Constitute Full Compliance.
The court examined Section 28(1) of the Criminal Procedure Code Act, Cap 122, which provides that every appeal shall be commenced by a notice in writing, signed by the appellant or an advocate on their behalf, and lodged with the registrar within 14 days of the date of judgment or order appealed against. The court held that the provisions of this section are mandatory, not directory.

Waboga David
May 203 min read


A Ugandan Company Is Deemed a Non-Citizen Where Its Governing Documents Permit Share Transfers to Non-Citizens, and the Doctrine of Illegality Does Not Bar Restitution for Failure of Consideration
The Supreme Court held that the 1st appellant is a foreign (non-citizen) company under section 41(7)(e) of the Land Act, and that its articles of association contain no clause restricting the transfer or issue of shares to non-citizens. It was accordingly ineligible to hold Mailo land, and its claim of ownership was legally untenable. Where a non-citizen is found to have acquired Mailo or freehold land, the law provides for conversion of that interest into leasehold.

Waboga David
May 179 min read


High Court Clarifies that the 30% Security Deposit under Regulation 13 is Triggered by a Notice of Default, Not Just a Notice of Sale, and Clarifies the Scope of Spousal Exception, Such as Widowhood.
The Court clarified the precise trigger point of Regulation 13 of the Mortgage Regulations, 2012. Her Ladyship found that the foreclosure process commenced on 30 October 2025 when the Bank issued a formal Notice of Default under Section 18 of the Mortgage Act. The court rejected the Registrar's reasoning that Regulation 13 was inapplicable merely because no auction had yet been scheduled, holding that to do so would allow mortgagors to bypass the 30% rule by filing before a s

Waboga David
May 179 min read


WHY RENT SECURITY DEPOSITS MUST BE REFUNDABLE.
Security deposits are meant to protect the landlord from damages or unpaid rent not to enrich them. Internationally, jurisdictions such as the United Kingdom, Singapore, and South Africa require landlords to hold deposits in designated escrow or custodial accounts, with clear documentation and prompt refunds once tenancy ends. These frameworks drastically reduce disputes and cultivate fairness in the property market.

Lawpointuganda
May 123 min read


A litigant relying on counsel’s mistake must present direct evidence from the advocate responsible. Mere assertions by the client are insufficient and may be treated as hearsay. Industrial Court Rules
The Court further noted inconsistencies in the Applicant’s position. Whereas the Applicant claimed to have instructed Branmark Advocates, the Court record contained a notice of self-representation filed by the Applicant himself. The Court found this inconsistency irreconcilable and held that the Applicant had failed to prove effective legal representation at the material time.

Waboga David
May 106 min read


UGANDA’S DATA PRIVACY LAWS: SAFEGUARDS AND FLAWS IN THE DIGITAL AGE.
While the Data Protection and Privacy Act established an important “digital shield,” recent convictions demonstrate that the framework still lacks the strong enforcement mechanisms necessary to effectively deter violations. Uganda can draw valuable lessons from regional models, particularly Kenya’s, to bridge existing legislative and institutional gaps.
“Data privacy is not merely a technical concern; it is fundamentally a human rights issue. It is about protecting our auton

Joshua Morris Byaruhanga
May 92 min read


High Court at Mbale Clarifies That Ownership of Unregistered Land May Be Established Through Long and Continuous Occupation, and Affirms That Land Validly Donated to a Public Body Cannot Be Reclaimed
The court found that, concerning the untitled portion of the disputed land, the defendant had the better claim of ownership. It was observed that apart from verbal assertions, the plaintiff adduced no visible or tangible evidence to prove ownership of the unregistered portion. The court applied its own precedent in Kayemba Ronald Watuwa v Makokha Yafesa and Others [2026] UGHC 68, where it had held that ownership of unregistered land could be sufficiently proved by evidence of

Simon Muhindo
May 57 min read


POST JUDGEMENT REMEDIES IN THE INDUSTRIAL COURT
Courts will interfere with a taxation award where the Taxing Officer has applied a wrong principle or arrived at a manifestly excessive figure — not merely where the amount in question seems high. Parties and practitioners must ensure that Bills of Costs are prepared in strict conformity with the court's costs order. Where a court's order is novel or unfamiliar to standard taxation practice, counsel should seek clarity from the trial judge rather than defaulting to a general

Kiiza John Paul
May 23 min read


Kabale High Court Acquits Six on Murder and Aggravated Robbery Says Motive Alone Cannot Prove Murder and Last Seen Doctrine Fails Where Prosecution Evidence Contradicts Scene of Death.
The court noted evidence of motive (land disputes, prior threats by A4) and applied the doctrine of last seen. However, it found the prosecution case significantly weakened by: (a) absence of a murder weapon; (b) the doctor's testimony (PW6) that blood on the body was "unremarkable" and that "the traumatic events did not occur at the scene of crime"; (c) PW9's testimony showing no blood in front of A1's home and only "streaks" rather than trails; (d) forensic DNA at a very lo

Simon Muhindo
Apr 255 min read


Where an accused has already served over 180 days on remand before committal, the constitutional entitlement to apply for mandatory bail under Article 23(6)survives the act of committal. Court Rules
The court affirmed that any age above 50 may constitute advanced age for purposes of Section 16(3)(c) of the Trial on Indictments Act. The court declined to be bound by the definition of 60 years in the Constitution (Bail Guidelines) (Practice Directions) 2022, holding that definition was confined to its own instrument and did not bind the interpretation of the Trial on Indictments Act, which deliberately withheld a numeric threshold.

Kiiza John Paul
Apr 255 min read


Where an Advocate files a suit in disregard of a clear and well-established procedural requirement, the court may condemn the Advocate personally to pay costs under Order 32 rule 2. High Court Rules
Written authority is mandatory and non-waivable: In all suits instituted by or on behalf of a minor through an advocate, a written authority letter signed by the next friend must be filed simultaneously with the plaint. Absence of this document is a fatal defect.

Waboga David
Apr 233 min read


The Sovereignty Bill That Could Undermine Uganda's Sovereignty
This Bill criminalises speech and economic commentary through Sections 7 and 13 in ways that directly contradict the constitutional jurisprudence established in Mwenda v. AG, Onyango Obbo v. AG, and Alternative Digitalk v. AG....A law that contradicts its own stated purpose, defies binding constitutional precedent, and undermines the international agreements it claims to honour is not a sovereignty protection measure. It is a sovereignty risk.

Waboga David
Apr 2119 min read


The use of permissive language ('may') in an arbitration clause does not make arbitration optional once a court identifies a valid agreement. High Court in Arua Rules.
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

Waboga David
Apr 157 min read


The Constitutional Court has affirmed that the historical dispossession of a community from its land without compensation can ground a finding of marginalisation.
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

Waboga David
Apr 149 min read
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