Lawpoint Uganda

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.

Exceptional circumstances like advanced age do not automatically entitle an accused person to bail. Courts will decline bail where there is credible evidence of a flight risk, and all requirements under Sections 15 and 16 of the TIA, as well as the 2022 Bail Guidelines, must be strictly met. Public safety and justice for victims remain central to judicial discretion in bail applications.

Entities, whether domiciled in Uganda or not, that process personal data of Ugandans are bound by Uganda’s Data Protection and Privacy Act, Cap. 97. Registration with the PDPO, designation of a Data Protection Officer (DPO), and compliance with cross-border data transfer requirements are mandatory statutory obligations. The absence of a gazetted exemption or internal compliance framework does not excuse non-compliance.

Possession and long-term occupancy do not translate into lawful ownership in the absence of formal legal authority or distribution of the estate.

The Court warned that alleged transmissions or bequests of land, particularly within family structures, must be supported by credible and properly admitted documentary evidence. Hence serving as a benchmark for handling inheritance-related land conflicts and reiterates the appellate court's mandate to re-evaluate evidence afresh where trial courts have failed to do so.

A change from Catholicism to Pentecostalism does not, in the eyes of the law, constitute a change of religion within the meaning of Section 4(b) of the Marriage and Divorce Act. Both are professions of Christianity.

The court reaffirmed the principles laid down in Arvind Patel v Uganda, including the applicant’s character, whether the offence involved personal violence, the prospects of success of the appeal, and potential delay in determination.

The court concluded that, although the exact monetary contributions could not be established with certainty, the evidence showed a shared intention and effort to establish a joint home.

The Court emphasised that the suit land is part of the intestate estate. Rights of occupation and eventual inheritance are governed by Sections 22(1) and (3) of the Succession Act. The Court further added that no party can claim ownership or exclusive rights absent a formal grant of letters of administration.

In the employment context, where an employer has benefited from the labour of an individual under an employment arrangement, it may not escape liability by pleading technical non-existence or lack of incorporation. 

The appellant challenged the admission of Police Form 24A without proper explanation or consent, arguing it violated Section 66(2)-(3) of the Trial on Indictments Act (TIA), and Articles 28(1) & 44(c) of the Constitution. The Court applied the principle from Abdu Ngobi v Uganda [1992] UGSC 15, holding that serious contradictions must be resolved in favour of the accused.

Every appeal shall be commenced by a notice in writing... lodged with the registrar within fourteen days of the date of judgment or order from which the appeal is preferred.