Lawpoint Uganda

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.

The Court emphasized that “equity will not perfect an imperfect gift,” but in this case, possession and development by the Respondent amounted to effective delivery and acceptance.

The Court emphasized that affidavits are evidence and do not necessarily require authorization from co-parties. Modern precedent dispels the notion that lack of authorization renders affidavits incurably defective.

The Court reaffirmed that a widow cannot legally dispose of property belonging to an intestate deceased spouse without obtaining letters of administration, citing Section 187 of the Succession Act, Cap 268. This principle was emphasized in Lwanyikirira v Administrator General, Misc. Appl. No. 2298 of 2024 where failure to take out letters of administration barred claims over unregistered land.

The High Court affirmed that Once shareholders of a company pass away, it is reasonable for the court to allow the surviving member and/or officer to conduct the affairs of the company as they deem fit to further the company’s objectives

Lending institutions must ensure that a company resolution is in place before accepting company property as loan security. In its absence, such transactions risk being invalidated for lack of proper authorization under company law. Moreover, The court reaffirmed the duty of banks and financial institutions to conduct thorough due diligence, especially when accepting corporate property as collateral. Failure to verify corporate approvals or the identity of borrowers may lead t

The Court of Appeal reiterated that procedural irregularities, such as failure to record summing up notes, do not automatically nullify a trial unless they result in a miscarriage of justice. The Court emphasized a purposive approach under Article 126(2)(e) of the Constitution, which enjoins courts to administer justice without undue regard to technicalities.

The High Court found that the loan agreement for UGX 2,550,000/= (dated 17th September 2019) lacked the signatures of both the lender and a third-party witness, contravening Section 84(1) of the Tier 4 Microfinance Institutions and Money Lenders Act.

The court found that the sale was not fraudulent nor conducted without valuation, but the transfer was illegal, and the sale was conducted in breach of the guarantee contract due to failure to notify the Plaintiff.

As a rule, if the Plaintiff does not take out Summons for Directions, the suit shall abate and can be dismissed. In the present case, the Respondent failed to take out Summons for Directions within the prescribed 28 days from the date of the last reply, contrary to Order 11A Rule 1(2) and (6) of the Civil Procedure Rules

Relying on the Supreme Court decision in Silver Byaruhanga v. Fr. Emmanuel Ruvugwaho & Anor, SCCA No. 09 of 2014, the Court reaffirmed that joint administration requires joint action unless the administrators were appointed at different times.

The Court affirmed the importance of vòire dire under section 41(3) of the Trial on Indictments Act (Cap 25), which mandates an inquiry into the intelligence and truth-telling capacity of a child of tender years. Referencing Opolot Ben Bosco v Uganda [2023] UGCA 40 – A vòire dire must demonstrate the child’s ability to distinguish right from wrong and retain independent memory of the events and has the reliability to prove that at the material time, she had conceived an acc

High court dismisses application for leave to appear and defend a summary suit over UGX 82M Debt . Subject Matter Summary procedure –...

From a regulatory perspective, the case spotlights the interaction between insolvency law and banking regulation. The Court’s reliance on the Financial Institutions (Credit Classification and Provisioning) Regulations, 2005 (reg.10) to explain interest on this non-performing loan suggests that credit regulators should ensure banks apply these rules consistently.