Lawpoint Uganda

The court emphaised that constructive notice arises only upon proper registration. A registered caveat or instrument gives constructive notice to the world, whether or not a purchaser has actual knowledge. This principle is central in determining the duty of disclosure: if a claim is not yet registered, it may not constitute an encumbrance binding on the seller

For a gift inter vivos in unregistered land, donor intention and donee acceptance are required. By erroneously finding that the 1st Respondent had authority to sell and that the 2nd Respondent acquired lawful ownership, the trial court deprived the Appellant of her rights in family land.

The Court found that, under Section 46(1) Contracts Act, where time is of the essence and a party fails to perform, the contract becomes voidable at the option of the promisee. Equity will not order specific performance where the claimant is the party in breach (see Nipuni Bhatia v Boutique Shazim Ltd [2015]).

Relying on Justine E.M.N. Lutaya v. Stirling Civil Engineering Co. Ltd, the Court emphasized that trespass occurs where there is unauthorized interference with lawful possession, whether physical or legal. The Plaintiff, as administrator, had legal possession of the land forming part of the estate.

While the Respondent bore most of the development burden, the Court held that equity required recognition of the Appellant’s contributions and long-term cohabitation. The Court determined that the Appellant was entitled to a proportionate share of the property to prevent him from leaving “empty-handed,” even if he did not directly fund most of the developments.

It is a well-established legal principle that when a document containing contractual terms is signed, then in the absence of fraud or misrepresentation, the party signing it is bound, and it is wholly immaterial whether he has read the document or not. The appellant acknowledged his indebtedness under the agreement and further conceded that in default, the loan would translate into a sale. He testified that he signed the agreement because he was in need of money, which the re

The Court clarified that while banks must reverse erroneous credits within a reasonable time, even long delays do not oblige payment if no funds ever existed.

Although negotiations occurred, evidence showed mutual assent through actions: payments, handing over titles, mutation signing, and participation in subdivision. Oral contracts for land can be enforceable if essential terms are clear and intention is proven (Kobaku Associate v. Owusu, Stanley Bainebabo v. Abaho Tumushabe).

The Court distinguished the decisions in Woodmore Energy Consultancy Ltd & 3 Ors v Guaranty Trust Bank (U) Ltd and Haruna Sentongo v I&M Bank (U) Ltd, clarifying that these cases concern interim stay of execution applications in appellate courts. These rulings are isolated and contextual and do not alter the established jurisprudence on the application of Regulation 13 to injunctions granted by trial courts. The appellate court must apply a different approach when dealing wit

The court held that Guidelines 10(2) and 10(3) of the Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions, 2022 are consistent with Articles 2, 23(6)(b) and 23(6)(c) of the Constitution. They lawfully guide magistrates’ courts that only the High Court may grant bail for offences triable exclusively by it.

The Court emphasised that it must closely interrogate the credibility of witness testimony where the conditions of observation are questionable. This duty is not merely procedural but goes to the heart of safeguarding against miscarriages of justice. Poor-quality identification evidence, especially in conditions that may impair accuracy, should trigger heightened judicial scrutiny.

Under Section 123(1) of the Registration of Titles Act, a person claiming an interest in registered land, such as a beneficiary of a deceased estate, may lodge a caveat to prevent unauthorized dealings with the property until their claim is resolved.

An executrix who has received a grant of probate under the Succession Act, Cap. 268, cannot wholesale delegate her statutory mandate to a third party through a power of attorney. The Court found that such a delegation was a legal nullity, and that the donee (Julius Peter Ochen), having no legal or beneficial interest in the estate, lacked the requisite locus standi to sue on its behalf.

Despite proving the offence, the Court accepted the defence of insanity based on: Medical reports from Butabika and Murchison Bay Hospitals confirming schizophrenia and ongoing mental illness treatment. The Court invoked section 49, which allows for a special verdict of not guilty by reason of insanity where evidence shows the accused lacked criminal responsibility at the time of the offence.

A certificate of urgency will not be granted merely because the applicant asserts that the matter is pressing. Courts must independently assess whether there are exceptional and peculiar circumstances justifying deviation from the ordinary court schedule.

The court upheld the respondent’s decision, finding that the claimant had indeed infringed upon the privacy rights of other employees. His conduct constituted a valid reason for dismissal. Furthermore, the court held that the claimant failed to demonstrate that the information he shared with his supervisor was privileged or protected from disclosure by the employer. As such, the court declined to declare that the claimant’s right to privacy had been violated.

The Court emphasised that once a contract is valid, it creates reciprocal rights and obligations between the parties to it. I think it is the law that when a document containing contractual terms is signed, then in absence of fraud or misrepresentation the party signing it is bound by its terms. — quoting William Kasozi v DFCU Bank Ltd, HCCS No. 1326 of 2000.

The Court emphasized that use of generative AI does not absolve attorneys of their ethical and professional obligations, citing violations of Federal Rule of Civil Procedure 11(b) and Pennsylvania Rule of Professional Conduct 3.3.

The taxing master failed to justify the UGX 20 million award, and such an amount was excessive, punitive, and unsupported by the factual or legal complexity of the matter.

The Court affirmed that “A mortgage under Section 116 of the Registration of Titles Act is void ab initio where the mortgagor did not have registered title at the time of execution.”

Where a party fails to perform their obligations in full, they cannot insist on full performance from the other party. The Court found that the respondent had delivered only 6.908 acres, less than half of the agreed 15 acres. As such, he was not entitled to the full purchase price.

The Court reaffirmed the principles governing the standard of proof in criminal trials, drawing from Miller v Minister of Pensions (1947) and Woolmington v DPP (1935). Identification evidence, especially under difficult conditions, must meet stringent tests laid out in Bogere Moses v Uganda. Medical evidence and credible, consistent testimony were central to securing a conviction for rape under Sections 110 and 111 of the Penal Code Act, Cap 120.

The Court referenced a 2020 Bank of Uganda statement, confirming that foreign lenders not accepting deposits from the Ugandan public are not regulated under the FIA. These foreign lenders operate under the laws of their home countries and international contractual principles—not the Ugandan FIA. Therefore, the Court held that there is no law in Uganda forbidding persons from borrowing from entities or institutions outside Uganda, and that such a restriction would be unreasona

a spouse is a qualified relative under Section 61(1) of the Act, and may be appointed as a personal representative of a person judicially declared to have mental illness. This is especially pertinent in situations where no prior arrangements—such as a power of attorney—have been made.