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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.


Revisiting the Doctrine of Guarantorship in a Contract: A Comparative Look at Mian Aqueel & Anor v Exim Bank (U) Ltd and Ecobank Uganda Ltd v King James Comprehensive School Ltd & Others
A guarantee establishes a tripartite legal relationship involving the creditor, the principal debtor, and the guarantor. Under this arrangement, the guarantor undertakes a secondary obligation to satisfy the debt or obligation if the principal debtor defaults. This secondary liability only becomes enforceable upon the failure of the principal debtor to fulfil their primary obligation.

Lawpointuganda
6 days ago10 min read
66


Tom Waits v. Doritos: Vocal Identity, Misappropriation, and Lessons for Uganda's Intellectual Property Regulatory Framework.
The rise of artificial intelligence has dramatically transformed the landscape of voice imitation, making it possible to create highly realistic digital replicas of an individual’s voice, often without their knowledge or consent for example the Late Ugandan Artist, Moze Radio of GOODLYFE Music, there have been allegations of AI voice imitation of his likeness and vocal timbre.
Edgar Okitoi
Jun 29 min read
34


NEW BALANCE V GOLDEN GOOSE: THE LEGAL BATTLE OVER THE “DAD SHOE” DESIGN
A mark’s strength is measured by its distinctiveness and ability to act inherently as a badge or indicator of origin. New Balance claims its 990 design is “distinctive” through secondary meaning, arguing that it acquired its distinctiveness through use, noting that it sold millions of 990s over 40 years and spent many millions promoting them.
Edgar Okitoi
May 2817 min read
32


CARBON MARKETS AND UGANDA: LEGAL FRAMEWORKS, CHALLENGES, AND OPPORTUNITIES
Article 6 of the Paris Agreement plays a critical role in shaping international carbon markets, offering frameworks for countries and companies to cooperate in achieving emissions reductions. Under Article 6.2, countries can engage in bilateral or multilateral agreements to transfer emissions reductions, known as Internationally Transferred Mitigation Outcomes (ITMOs), which can be counted toward their own climate targets.

Obita Calvin Stewart
May 259 min read
66


THE LOUBOUTIN V. YSL RED SOLE DISPUTE: FASHION, LAW, AND THE LIMITS OF TRADEMARK PROTECTION
A trademark must act as an indicator of origin, denoting from whom the goods or services came rather than what they are, that is why in Canon Kabushiki Kaisha v Metro Goldwyn - Mayer Inc court noted that the essential function of the trade mark is to guarantee the identity of the origin of the marked product to the consumer.
Edgar Okitoi
May 247 min read
66


“BLOCKCHAIN TECHNOLOGY AS A MEANS TO END FRAUD IN LAND CONVEYANCING”
Blockchain, a decentralised and transparent ledger system, offers secure and verifiable transaction records, which could significantly reduce fraudulent activities in land transactions.
Despite introducing a digital land registry system in Uganda in 2013, land fraud remains prevalent. The paper examines the current land registration practices in Uganda, the persistent issues of fraud, and how blockchain can address these challenges by enhancing transparency, security, and ef

Joshua Morris Byaruhanga
Apr 2619 min read
54


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

Obita Calvin Stewart
Feb 2510 min read
86


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

Obita Calvin Stewart
Jan 2911 min read
88


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 10, 20242 min read
459


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

Obita Calvin Stewart
Oct 9, 202412 min read
117


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

Lawpointuganda
Oct 8, 20249 min read
254


CONSTITUTIONAL INTERPRETATION OR RIGHTS ENFORCEMENT? A CLOSER LOOK AT THE LEGAL BRAIN TRUST V. ATTORNEY GENERAL, 2021 RULING
From the above jurisprudence, it can be discerned that certain rights violations can be straightforwardly addressed through factual determin

Lawpointuganda
Sep 30, 202411 min read
224


“Revisiting the Basic Structure Doctrine and Its Efficacy in the Case Analysis of the Male Mabirizi Kiwanuka & Others v. Attorney General Constitutional Appeal No. 2 of 2018”.
“To my understanding, the Basic Structure doctrine may be equated to a family house. It must have a strong foundation, strong pillars,...

Lawpointuganda
Mar 1, 202427 min read
79


A COMPARATIVE ANALYSIS OF THE LIKELIHOOD OF CONFUSION TEST IN INTELLECTUAL PROPERTY LAW IN UGANDA.
“The touchstone of trademark infringement under the Lanham Trade-Mark Act is the "likelihood of confusion," or whether a substantial...

Waboga David
Jan 27, 202456 min read
232


Passing Off and Distinctiveness in Trade Marks: A Comparative Analysis of Two Landmark Ugandan Cases.
Abstract. This abstract provides a comparative analysis of two landmark cases in Uganda, namely A-Class Funeral Management Ltd v A-Class...

Lawpointuganda
Jan 17, 202423 min read
127


AI TOOLS FOR LAW STUDENTS: LAW SCHOOL AND RESEARCH HACK TOOL KIT.
AI tools to help with legal studies and work, which simplify the tasks while ensuring fast results and efficiency.

Kabuubi Sulaiman
Dec 22, 20233 min read
325


UNLOCKING INTELLECTUAL PROPERTY: A CONCISE STUDY GUIDE
Copyright is a set of rights that protect original creative works once they're made tangible (like written down or recorded). It gives the c

Joshua Morris Byaruhanga
Dec 21, 202357 min read
854


UNDERSTANDING LOCUS STANDI, THE RIGHT TO SEEK RENDITION OF ACCOUNTS, AND DERIVATIVE ACTIONS IN LAW.
Insights from the case of Chen Jianwen & 2 Ors Vs. Bang Cheng Investment Co. Ltd & 3 Ors Miscellaneous Application No. 0530 Of 2023...

Waboga David
Dec 14, 202314 min read
211


DATA PRIVACY, SPOUSAL SURVEILLANCE, AND THE ADMISSIBILITY OF ILLEGALLY OBTAINED EVIDENCE IN COURT.
Evidence obtained in a manner that violates any right or fundamental freedom in the Bill of Rights shall be excluded if the admission of tha

Lawpointuganda
Dec 8, 202311 min read
116


“UNDERSTANDING THE LAW AND PRACTICE OF ANNUAL LEAVE IN UGANDA: IS IT AN ENTITLEMENT OR A PRIVILEGE?”
Insights from the decision of the Ugandan Industrial court in --Mbiika Dennis Vs Centenary Bank (Labour Dispute Claim No.023 of 2014)...

Cleopatra Abikiira
Dec 6, 20239 min read
228


TERMINATION OF EMPLOYMENT: THE NEED FOR REASON AND HEARING UNDER UGANDAN EMPLOYMENT LAW.
The court distinguished section 65(1)(a) from section 66 of the Employment Act, (now revised as section 64 (1) (a) from section 65 of the Em

Cleopatra Abikiira
Nov 27, 20237 min read
673


The Legal Implications of Materiality and Non-Disclosure in Insurance Contracts: A Case Analysis.
Abstract. This article analyses the recent case of APA Insurance (U) Limited v. MOIL (U) Limited (Application No. 002 of 2023), which was...

Waboga David
Nov 23, 202311 min read
110


Interim Orders and Execution Validity: Insights from Haruna Sentongo vs. I & M Bank Limited.
Introduction In a recent ruling dated November 1, 2023, Justice Christopher Gashirabike provided valuable insights into the legal...

Waboga David
Nov 3, 20233 min read
80


Revisiting the Industrial Case of Akonye David v. Libya Oil and the notion of Probationary Contracts
Introduction The Industrial Case of Akonye v Libya Oils (Labour Dispute Claim 82 of 2014) [2019] UGIC 44 (19 July 2019) is an interesting...

Waboga David
Oct 31, 20234 min read
102
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