Lawpoint Uganda

Drawing from the influential Canadian case of Andrews v Law Society of British Columbia,[2] the Court stated that equality is not synonymous with uniformity. The legal frameworks governing civil and customary marriages are not interchangeable; they are distinct regimes grounded in different legal and social philosophies. To apply the same criminal sanctions to both would be to ignore these foundational differences.

Worse still, Section 26 of the Succession Act treats separation more harshly than even divorce. Under current law, a woman who is estranged but still legally married may be disinherited, while a divorced spouse may receive a more favourable legal assessment. This inconsistency entrenches patriarchal assumptions about a woman’s worth being tied solely to her marital status.

In Semenya’s case, the real injustice was not merely the content of the DSD Regulations, but the absence of any court willing to fully grapple with what those rules meant for her body and her being.

This ruling sets a precedent that employers must formalise labour relations or face legal liability irrespective of registration status. For unregistered businesses such as small workshops or agricultural firms, the decision sends a clear warning: informal status does not extinguish legal responsibility.

Uganda faces some parallel concerns in its own economy. Monopoly control and platform dominance have shown up in sectors like telecommunications, banking, and digital finance. Until recently, Uganda’s framework for tackling such issues was fragmented and often weak. For example, telecom competition was governed by the Uganda Communications Act Cap 106 (as then), now Cap. 103 and its Fair Competition Regulations (2005).

The lawsuit between Ed Sheeran and the estate of Marvin Gaye over the alleged copying of “Let’s Get It On” in Sheeran’s 2014 hit “Thinking Out Loud” crystallises this tension. This dispute, spanning several years and multiple courts, has become emblematic of the challenges in defining originality in music and the limits of copyright protection

The emergence of artificial intelligence has further complicated the debate over authorship and copyright. AI systems are now capable of generating original works of art, music, literature, and code, thus raising the question of whether AI can be considered an author, and if so, how should copyright law apply? The U.S. Copyright Office has however taken a firm stance against recognizing AI as an author, stating that copyright protection extends only to works created by human

The Hermès v. Rothschild case therefore represents trademark law's attempt to re-establish control over the "real" and its signs in a hyperreal economy, asserting that even in the digital ether, the fundamental principles of preventing confusion and dilution must apply to maintain the integrity of established brands against unauthorized "simulacra."

From a regulatory perspective, the case spotlights the interaction between insolvency law and banking regulation. The Court’s reliance on the Financial Institutions (Credit Classification and Provisioning) Regulations, 2005 (reg.10) to explain interest on this non-performing loan suggests that credit regulators should ensure banks apply these rules consistently.

The rule of law is the bedrock of any functional society and is especially critical in the realm of employment relations. It ensures that both employers and employees operate within a framework of fairness, transparency, and accountability. In Uganda, as in many jurisdictions, the Employment Act and principles of natural justice serve as guiding lights for resolving workplace disputes.

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.

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.

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.

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.

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.

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

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

Several key cases have shaped the jurisprudence on whether military courts can try civilians. These cases reflect global opposition to the p

Intellectual property (IP) laws protect creators’ rights over their work, from traditional media to private digital recordings. The case of

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

The strict interpretation of this provision is manifest in decided cases for example in the case of Agua Plumbing (U) Ltd v United Assurance

From the above jurisprudence, it can be discerned that certain rights violations can be straightforwardly addressed through factual determin

“To my understanding, the Basic Structure doctrine may be equated to a family house. It must have a strong foundation, strong pillars,...

“The touchstone of trademark infringement under the Lanham Trade-Mark Act is the "likelihood of confusion," or whether a substantial...