Lawpoint Uganda

The PDPO rejected the complainant's argument that statutory exemptions relating to criminal investigations and legal proceedings automatically entitled him to obtain third-party personal data. The Office held that those provisions merely create circumstances where processing may lawfully occur; they do not confer a freestanding right to compel disclosure from NIRA. Accordingly, a private litigant cannot bypass the specific statutory requirements governing access to informatio

Applying the doctrine of legitimate expectation as articulated in Halsbury’s Laws of England and Paponette v Attorney General of Trinidad and Tobago, the Court held that the Applicant had a legitimate expectation that her credits from King’s College London had been accepted and transferred. That expectation arose from the express terms of the 2022 admission letter, her placement into Semester II of the programme, and UCU’s consistent conduct over a four-year period, including

On restoration, the Court explained that a struck-off company may apply for administrative restoration by the Registrar only within twelve months of being struck off; any person aggrieved by the striking off may apply to the Registrar within five years; and beyond the twelve-month window, restoration can only be achieved through a court order. The restoration process requires a written application stating grounds, a thirty-day Gazette notice of intention to reinstate, and, wh

The Court found that the 1st Plaintiff had lawfully exercised its statutory power of sale under Section 19(e) of the Mortgage Act (Cap 239) following the 1st Defendant's default. She reaffirmed that upon registration of a transfer following a mortgagee's sale, the purchaser acquires full ownership free of all liability on the mortgage (Section 27(4)), and acquires good title except in cases of fraud or misrepresentation (Section 28(1)).

Facts The Director of Public Prosecutions, on behalf of the Republic of Uganda, sought leave to appeal out of time against a decision by His Worship Muchelule Dismas, a Magistrate at Kisoro Chief Magistrates Court, delivered on August 5, 2025. The original case involved charges of assault occasioning bodily harm against the respondents, Col. Kayita Deo and Pte Nyeko Christopher, under Section 236 of the Penal Code Act, Cap 128. The trial court had issued a ruling of no-case t

The Court reaffirmed the equitable principle of "first in time", holding that where competing interests arise over the same property, priority is generally accorded to the earlier purchaser whose interest was acquired first. The Court clarified that a purchaser who loses the property due to an earlier competing interest is entitled to seek compensation from the vendor who wrongfully conducted the subsequent sale.

The learned Judge clarified that Section 86(a) of the Employment Act permits severance pay only in cases of unfair dismissal and not merely unlawful termination. The Court reaffirmed its earlier decision in Nganda Joweria v Allen V.R. Stanley Secondary School, where it held that severance pay is unavailable in cases of unlawful termination. Accordingly, the Court found that the Labour Officer's award of severance pay lacked legal foundation and set it aside.

The court clarified that while an application for review under Section 82 of the Civil Procedure Act is permissible in certain instances, it is not a license to re-hear the merits of the suit, but rather is limited to correcting errors on the face of the record. Revision under Section 83 of the Civil Procedure Act addresses material irregularity or illegality in the exercise of jurisdiction.

The learned Judge found that after obtaining letters of administration, the plaintiff failed to distribute the estate to rightful beneficiaries. Instead, he transferred the land into his own names, subdivided it, sold portions, and mortgaged portions for loans. The Court described the plaintiff's conduct as "grossly irregular" and inconsistent with the fiduciary obligations of an administrator.

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

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/=.

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

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.

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

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

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.

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

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.

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.

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.

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

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.

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

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