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This blog does not contain legal advice. The legal information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based on such information, we encourage you to consult with the appropriate professionals. Authors are liable for any plagiarism and Lawpoint Uganda won`t have liability towards the same.


Court of Appeal Restores Muse AF Enterprises’ PANASUPER Trademark, Finds Infringement and Passing Off by Former Business Partners, and Reaffirms That Trademark Ownership and Intention.
The Court clarified that trademark ownership and the intention to use it may exist before formal registration. Interpreting section 19(1) of the Trademarks Act, Cap. 217, observed that registration does not necessarily create ownership but records and evidences an existing proprietary interest. Accordingly, parties may enter into commercial arrangements concerning a trademark before its formal registration, provided the underlying arrangement is legally supportable.

Waboga David
13 minutes ago18 min read


Industrial Court Orders Kyambogo University to Pay UGX 19 Million in Salary Arrears and Exemplary Damages for Discriminating Against a Long-Serving Kitchen Attendant by Keeping Her on Short Contracts
The Court examined the appointment letters of the four named colleagues and found that, like the Claimant, each began as a casual worker, yet each was placed on M15 at UGX 260,729 a month and confirmed, whereas she was placed on M20 at UGX 201,422. It held that the Respondent's failure to explain the difference was decisive:

Waboga David
4 days ago16 min read


High Court at Kabale Clarifies That An LC1 Court’s Decision Cannot Bar Subsequent Land Proceedings Under Res Judicata Where the LC1 Court Lacked Jurisdiction.
The Court emphasised that the doctrine of res judicata does not arise merely because an earlier proceeding involved the same parties or subject matter. The earlier matter must also have been heard and finally determined by a competent court.
In considering the competence of the LC1 court, the Court examined section 76A(1) of the Land (Amendment) Act, 2004, which stated: “Notwithstanding the provisions of sections 5, 7 and 29 of the Executive Committees (Judicial Powers) Act,

Waboga David
5 days ago10 min read


Court of Appeal Clarifies That A Mortgage Signed by the Registered Proprietor Is Not Void Merely Because the Mortgagee Did Not Sign the Instrument, and Upholds the Bank’s Power of Sale Upon Default.
The Court thus did not accept the Respondent’s argument based on section 8 of the Mortgage Act. It found that the numerous demands and warnings to the borrower and the Respondent showed that the Respondent was in breach and the money was owing. Citing Housing Finance Bank & Another v Edward Musisi, SCCA No. 22 of 2010, it held that the power of sale arises once an instalment has become due and remains unpaid.
Byaruhanga Joshua Morris
6 days ago12 min read


Where Neither Party Takes Steps to Advance a Suit for Six Months After the Mandatory Scheduling Conference, the Suit Automatically Abates; High Court at Kabale Rules
The Court established that the last action in the suit had been taken on 19 August 2025, when the parties opted to prioritise the earlier suit. When the matter was called for hearing on 2 October 2026, neither party had taken any further step to progress the proceedings. The period of inactivity exceeded one year. The Court considered this inactivity against the procedural framework governing the prosecution of civil suits and the need to address delays in the administration

Rebecca Mutesi
Oct 184 min read


High Court at Kabale Affirms Uganda Land Commission’s Authority to Lease Government Land, Declares Registered Proprietor Lawful Owner and Awards UGX 20 Million in General Damages
The Court reviewed Articles 238, 239 and 241 of the Constitution, sections 47, 50, and 61 of the Land Act, and Regulation 23 of the Land Regulations, 2004. It noted that Article 241(1)(a) empowers a district land board "to hold and allocate land in the district which is not owned by any person or authority", while Article 239 provides that ULC "shall hold and manage any land in Uganda vested in or acquired by the Government of Uganda". It also noted that Article 241(2) makes

Waboga David
Oct 1713 min read


High Court Grants House of Concrete East Africa Limited a 30-Day Interim Protective Order to Pursue Corporate Rescue and Appoints Allan Luwaga as Provisional Administrator.
The Court held that the Company had satisfied the requirements of Section 141 of the Insolvency Act and Regulation 135 of the Insolvency Regulations, demonstrating genuine insolvency and presenting a credible rescue plan supported by an independent professional assessment. It reaffirmed that provisional administration provides a financially distressed company with breathing space to pursue restructuring and negotiate a settlement with creditors, potentially achieving a better
Byaruhanga Joshua Morris
Oct 166 min read


High Court Awards Shoprite Checkers (U) Limited UGX 19,557,320 in Repair Costs and UGX 20,000,000 in General Damages for Breach of Lease Following Fire Outbreak.
The Court applied the literal rule of contractual interpretation, emphasising that contractual terms should be given their ordinary meaning, with ambiguity resolved, where necessary, by reference to the factual background and commercial purpose of the agreement
Byaruhanga Joshua Morris
Oct 1310 min read


High Court Holds That Agricultural Produce Sourced from EAC Partner States Is Exempt from Withholding Tax under Section 136(5)(c) of the Income Tax Act.
The Court applied Fuelex, quoting the constitutional court's reasoning that Section 15 does not reach a case where the taxpayer "contends that he or she is exempted from a tax upon which the assessment is based." It agreed with the TAT's characterisation of the dispute

Waboga David
Oct 1219 min read


UCC Holds That Public Interest in a Family Estate Dispute Does Not Justify Publishing Private Details, and That Failure to Seek Comment Is Significant Where Serious Allegations Can Be Verified
The Commission accepted that an estate dispute is a matter of legitimate public interest. It then drew a firm line. Following PJS v News Group Newspapers, it held the proper question is whether disclosure of the particular private information served the general welfare of the public. Regulation 38(1) demands a compelling and legitimate public interest before private affairs are reported. Red Pepper failed to show a link between the Complainants' marital, financial and family
Byaruhanga Joshua Morris
Oct 114 min read


High Court Reaffirms The Enforceability of Arbitration Agreements And Holds That a Court Cannot Determine A Suit For Want of Prosecution After Finding That The Dispute Must Be Referred To Arbitration
The Court held that filing a defence does not waive the right to arbitrate. A party loses that right only by taking a step that affirms the court proceedings, such as furthering the suit on the merits or participating extensively. It cited British American Tobacco v Lira Tobacco Stores, Eagle Star Insurance Co Ltd v Yuval Insurance Co Ltd [1978] 1 Lloyd's Rep 357, Patel v Patel [2000] QB 551 and Capital Trust Investments Ltd v Radio Design AB [2002] EWCA Civ 135. There was no
Byaruhanga Joshua Morris
Oct 118 min read


High Court Holds That Where a Design Is Not New, Its Registration Is Revoked, and No Infringement Lies, but a Rival Who Conceals Its Brand to Copy a Product’s Trade Dress Commits Passing Off
On passing off, the Court held that Migoo need not prove ownership or originality of the design, only goodwill in its trade dress, which it found established because customers asked for “Migoo” by name. It found misrepresentation because Rida deliberately moved its logo from a visible position to under the sole to make its boots visually identical, and it rejected Rida’s argument that Migoo’s failure to sue other manufacturers was fatal, holding that IP owners can pursue cost

Joshua Morris Byaruhanga
Oct 810 min read


High Court Holds That Nomination Challenges May Be Raised After an Election Where Relevant Defects Could Not Reasonably Have Been Discovered Before Polling; Supplementary Affidavits Require Leave of .
The Court began by examining section 15 of the Electoral Commission Act and Article 61(1)(f) of the Constitution, which establish the Electoral Commission's role in resolving electoral complaints arising before and during elections.
The Court considered the general principle that nomination disputes should ordinarily be raised through the statutory complaint mechanism before polling. However, it also considered whether the petitioner had a genuine opportunity to pursue that
Byaruhanga Joshua Morris
Oct 813 min read


Insurance Appeals Tribunal Awards Damages and 15% Interest Against Jubilee Life Insurance for Improperly Withheld Premiums; Holds That an Insurer Cannot Rely on the Non-Receipt of Premiums.
The Tribunal also rejected the argument that the applicant's use of the intermediary necessarily absolved the insurer of responsibility. It noted that the initial premium had been paid through the same intermediary and accepted by the insurer, even before the applicant received the policy document setting out the specified payment channels.
The Tribunal reasoned that Clause 5 could not, in the circumstances, be treated as an exclusive payment mechanism that retrospectively i
Byaruhanga Joshua Morris
Oct 811 min read


Industrial Court Holds That Where Poor Performance Is the Reason for Dismissal, the Employer Must Demonstrate the PIP Process Leading to the Dismissal; Declines to Award Costs for Citing AI-Generated
The Court held that the authorities were either unreported or AI hallucinations. It noted that no regulations govern AI use in Ugandan courts, so a human must remain in the loop. Unverified, AI-hallucinated case law breaches an advocate's duty of candour and assaults the integrity of the judicial process.
Byaruhanga Joshua Morris
Oct 313 min read


Supreme Court Holds That a Mortgage Over Family Land Is Invalid Where the Company Mortgagee’s Signatory Has No Proven Authority, the Attesting Witness Was Absent and Written Spousal Consent Is Lacking
The majority held that, where registered land is concerned, the RTA execution provisions prevail over the Companies Act, and that a corporate mortgagee signing through a director should show authority by seal, resolution, articles or power of attorney. Mugenyi, JSC took a contrary view, holding that a mortgagee need not execute at all and that a company may sign through a designated director. Lenders should nonetheless keep proof of signatory authority on file

Waboga David
Sep 2819 min read


High Court at Kabale Clarifies Circumstances Under Which Limited Grants of Letters of Administration May Be Issued and the Consequences of Failure to Act on a Caveat Within Six Months
The court held that the caveator, Mubangizi Filimon, had lost standing to pursue his objections because the caveat had lapsed. The court further observed the consequence under Section 256(4) of the Succession Act, that a person whose caveat has lapsed may not lodge a further caveat in respect of the same estate. However, the court observed that this did not leave the caveator without remedy altogether, since entitled persons remain free to apply for Letter of Administration i

Gerald
Sep 258 min read


High Court Lifts Corporate Veil Against Out Media International Limited, Holds That an Untraceable Judgment Debtor Company With No Assets May Not Shield Its Directors From Execution
The Court noted that in Equity Bank Uganda Limited v HD Resources Limited, Justice A. B. Mugenyi had held that where a company registered in Uganda could not be traced through its physical address and none of its assets could be traced for purposes of satisfying a court decree, the company ought not to be permitted to take undue advantage of its creditors.
The Court further noted the finding in that
Byaruhanga Joshua Morris
Sep 244 min read


High Court at Kabale Dismisses Application for Criminal Revision; Holds That Where a Party Challenges the Trial Court’s Evaluation of Evidence, the Proper Remedy Is an Appeal
On the bar against using revision as a substitute for appeal, the Court relied on Section 50(5) and reaffirmed the reasoning in Semule Joel v Uganda, quoting that "the decision of a judicial officer however wrong it might seem does not become illegal or irregular simply because a party does not agree with it," and that where the irregularities cited "merely attack[] the decision of a trial Magistrate," the remedy "does not lie in Revision but rather in an appeal process."
Th

Waboga David
Sep 1612 min read


High Court at Mukono Declines to Permanently Stay Re-Taxation of Advocate's Fees, Holds That Work Done Before a Practising Certificate Is Issued Is Irrecoverable Under Section 75 of the Advocates Act
The Court found that the Applicant admittedly drew, signed and filed pleadings on 18 June 2020, six days before his practising certificate issued on 25 June 2020. Applying Section 75 of the Advocates Act and Alfred Olwora v Uganda Central Co-operative Union, Supreme Court Civil Appeal No. 25 of 1992, the Court held that the fees for that work were irrecoverable by operation of law, regardless of which party presented the bill. The Court held that the Law Council's disciplinar
Byaruhanga Joshua Morris
Sep 148 min read


High Court at Fort Portal Dismisses Appeal, Holds That Payment of a Deposit Towards Land Purchase Does Not Confer Ownership Where the Agreement Made Completion Conditional on Payment of the UGX 13 Mil
Where a land sale agreement makes completion conditional on future payment and expressly provides for a refund on default, the courts will treat it as an executory, contingent contract under sections 27–31 of the Contracts Act, not one that immediately vests equitable ownership in the buyer.

Waboga David
Sep 1318 min read


High Court Holds Social Media User Liable for Defamatory Publications, Awards UGX 60 Million in Damages, and Orders Public Retraction and Apology
The Court found that the Defendant's bare denial of authorship, unsupported by evidence of hacking, cloning or impersonation, was less probable than the Plaintiff's case, and concluded on a balance of probabilities that the publications were legally attributable to the Defendant.
Byaruhanga Joshua Morris
Aug 317 min read


Where a Grant is Found to Have Been Obtained Through Proceedings that Were Defective in Substance, Subsequent Grants, Inventories, Accounts, and the Estate Distribution are a Nullity. High Court Rules
In the present case, although the Plaintiff had participated in an MOU consenting to the substitution of the original executors, the Court held that such participation could not validate a process that contravened section 183 of the Succession Act, which provides that where probate has been granted to several executors and one dies, representation accrues to the surviving executor or executors. The Court emphatically held that “participation by an interested party in an illeg

Nakato Hope Betty
Aug 2912 min read


High Court Holds That Constructive Notice of an Unregistered Purchaser’s Equitable Interest Does Not, Without More, Amount to Fraud; Upholds Purchaser’s Equitable Ownership and Nullifies 2nd Mortgage.
The Court considered the legal effect of the Plaintiff's executed sale agreements and payment of the purchase price and held that upon execution of a valid land sale agreement and payment of the purchase price, the purchaser acquires an equitable interest in the property. The Court found that the Plaintiff had acquired an equitable interest in the two portions measuring 69ft by 43ft and 65ft by 55ft. The Court stated that; “It is now trite that upon the execution of a valid l

Waboga David
Aug 2618 min read
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