Lawpoint Uganda

The Supreme Court of Uganda affirms that legislative provisions that limit court interventions during financial institution liquidations can be constitutional if they serve a legitimate public interest, such as maintaining financial stability.  

A pending bankruptcy petition does not automatically justify a stay of execution. Proper procedure and clear evidence of inability to pay are essential. Inherent powers of court cannot be invoked prematurely or to circumvent due process.

The Supreme Court’s decision in Haruna Sentongo v I & M Bank (U) Limited brings a shift in the interpretation of Regulation 13 of the Mortgage Regulations 2012. While the Constitutional Court previously upheld the provision as constitutionally sound in Ferdsult Engineering Services Ltd v Attorney General, the Supreme Court has now injected a necessary nuance, emphasizing that rigid application of the 30% repayment requirement must not obstruct access to justice or undermine t

Where a landowner subdivides and sells a portion of land that is landlocked or without a direct access road, the law will imply an easement necessary for the reasonable use and enjoyment of the land sold as affirmed in Shah Champshi Tejshi & Others v Attorney General of Kenya (1959) EA 630 at 638

Even after an interlocutory judgment is entered, the Plaintiff must still prove their claim for damages on the balance of probabilities.This remains true whether the suit proceeds ex parte or inter partes

Under Section 242(e) of the Succession Act, Cap. 268 imposes a clear duty: An application for letters of administration shall state the amount of assets which are likely to come to the petitioner’s hands. The court emphasised that this provision demands full disclosure of all known assets by the applicant at the time of petitioning. The intent is to streamline the administration of the estate and avoid fragmented or conflicting grants. Crucially, deliberate concealment may am

Pleadings are, unlike affidavits, not evidence... With respect, learned counsel is basing on the words 'who is able to depose to the facts of the case' appearing in O.29 r.1 to surmise that only principal officers of a corporation are competent to swear affidavits. That is an incorrect construction. What is required in affidavits is the knowledge or belief of the deponent… not authorisation by a party to the litigation. Competency is pegged to the ability to depose to the fac

Courts will uphold agreements unless they are void for vagueness, lack consensus, or offend public policy. A party cannot later recast a clear and operational contract as provisional to avoid performance, especially after having benefited from its terms. Moshoana J’s articulation of principle, contextual contract interpretation, and procedural precision further elevate the judgment as a teaching piece on both substance and form. Like the song at the heart of the dispute, t

An employer cannot indefinitely benefit from an employee’s higher-grade service while denying commensurate pay. Equity abhors such exploitation.

The court reaffirmed that under Article 26(1) of the 1995 Constitution of Uganda, every person has the right to own and freely dispose of property. This includes the right to distribute one's land as one wishes, barring statutory or constitutional limitations such as those governing family land under the Land Act, Cap 236.

A written retainer is not the only way to prove an advocate-client relationship. Courts may infer such a relationship from the conduct, communications, and interactions between the parties. However, absent a clear retainer or conduct signifying mutual agreement, no such relationship can be presumed. Where no advocate-client relationship exists, a law firm is not barred from representing a party, even if it previously interacted with the opposing party in a general advisor

The High Court held that the Applicants had no legal capacity to sue over the suit land because they had not obtained letters of administration for the estate of the late Musa Musoke Kiwumumpu, whose interests they purported to represent. Citing section 187 of the Succession Act, the Court emphasized that no right to a deceased’s property can be established in court without first obtaining letters of administration.

The Court clarified that reinstatement is a discretionary remedy under Section 71(6) of the Employment Act and not mandatory. Where a dismissal is unfair solely because of procedural irregularities, courts are not obligated to order reinstatement. The Court echoed the Supreme Court's stance in Bank of Uganda v Betty Tinkamanyire, cautioning against forcing employers to retain employees they no longer wish to employ.

Allegations of fraud, especially where fraud vitiates the contract, must be scrutinised by the court. Arbitration cannot cure contracts tainted by fraud or concealment of material facts, as this is contrary to public policy.

Under Section 30 of the Succession Act, which has now been revised as Section 26 of the Succession Act Cap 268 as amended, a spouse who is no longer a member of the deceased’s household is disqualified from inheriting intestate. The Court endorsed the interpretation in Elizabeth Nalumansi v. Jolly Kasande, S.C.C.A No. 10 of 2015, which treats separation as a factual, not merely legal issue. Named beneficiaries in a will are protected, regardless of biological or legal rela

Statutory bodies such as UCC must act strictly within their enabling legislation—powers to award monetary compensation must be clearly conferred.

A valid gift requires intention, delivery, and acceptance. The law in Uganda does not require such a gift to be in writing, although written documentation provides evidentiary certainty

Estate administrators are fiduciaries, not proprietors. Any transfer of estate property in contravention of the will or without consideration of beneficiary interests is invalid. Courts will not shield a purchaser who fails to inquire in the face of suspicious or disputed circumstances.

Financial transfers within a romantic or cohabiting relationship are not automatically recoverable unless supported by evidence of contractu

A consent order is binding unless obtained by fraud, collusion, mistake, or misapprehension, or if it violates court policy or lacks materia

Uncertainty is an injustice that may result in oppression. The courts should remedy such a situation by providing certainty of trial.

Courts are inclined to maintain the balance between preserving the appellant’s right of appeal and protecting the respondent’s entitlement t

When a person takes goods or services from another person on credit, it is imperative to keep the communication channels open.

The Court of Appeal has reinforced the principle that borrowers cannot evade financial obligations through corporate misrepresentation