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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.
THE COURT OF APPEAL HAS UPHELD THE SUPERIORITY OF MORTGAGE RIGHTS, REINFORCING THAT A VALIDLY REGISTERED SECURITY INTEREST PREVAILS OVER SUBSEQUENT OWNERSHIP CLAIMS.
The Court of Appeal has reinforced the principle that borrowers cannot evade financial obligations through corporate misrepresentation
Sylivia Nandawula
Mar 295 min read
THE SUPREME COURT HAS REAFFIRMED THE PRINCIPLE THAT A TESTATOR'S EXPRESS WISHES, AS OUTLINED IN A VALID WILL, TAKE PRECEDENCE OVER GENERAL LEGAL PRINCIPLES GOVERNING EXECUTOR'S AUTHORITY.
When a will contains specific directives on decision-making processes, those directives override the default requirement for joint executor
Waboga David
Mar 273 min read
HIGH COURT AFFIRMS THAT TESTAMENTARY FREEDOM ALLOWS A TESTATOR TO DICTATE PROPERTY DISTRIBUTION. HOWEVER, FAMILY AGREEMENTS MODIFYING ESTATE DISTRIBUTION CAN BE BINDING IF ALL BENEFICIARIES CONSENT.
Where an Administrator receives a larger share due to external factors, redistribution may be warranted to ensure fairness among beneficiar
Waboga David
Mar 275 min read
HIGH COURT HAS AFFIRMED THAT A REVIEWED ORDER CANNOT BE RE-REVIEWED—THE DEPUTY REGISTRAR'S DECISION CAN ONLY BE CHALLENGED BY APPEAL AND NOT THROUGH AN APPLICATION UNDER SECTION 98 OF THE CPA.
Section 98 of the Civil Procedure Act applies only in the absence of an express provision governing a matter. Since Order 50 Rule 8 specific
Waboga David
Mar 223 min read
THE SUPREME COURT HAS REAFFIRMED THAT IT LACKS JURISDICTION TO HEAR AN APPEAL ARISING FROM A DECISION OF THE COURT OF APPEAL IN A JUDGMENT ARISING FROM THE INDUSTRIAL COURT
There is no such thing as inherent appellate jurisdiction. Any right of appeal to the Supreme Court from decisions of the Court of Appeal i
Waboga David
Mar 2010 min read
HIGH COURT HAS CLARIFIED THAT TAXATION OF INSTRUCTION FEES SHOULD BE BASED ON THE PLEADINGS, JUDGMENTS, OR SETTLEMENTS AND, WHERE NOT ASCERTAINABLE, SHOULD RELY ON PRINCIPLES OF LEGAL COST ASSESSMENT.
The value of the subject matter should be determined from pleadings, judgment, or settlement, but where not ascertainable, discretion must b
Lawpointuganda
Mar 175 min read
THE PROCUREMENT APPEALS TRIBUNAL HAS AFFIRMED THAT THE NON-SUBMISSION OF AN ELIGIBILITY DOCUMENT IS NOT A FATAL FLAW, AS THE P.D.E IS OBLIGATED TO REQUEST ITS SUBMISSION THROUGH CLARIFICATION.
No other evaluation criteria other than that stated in the bidding document can be considered by the evaluation committee during the evaluat
Rebecca Mutesi
Mar 154 min read
INDUSTRIAL COURT AFFIRMS THAT THE DECLARATION OF A HOSTILE WITNESS REQUIRES A DEMONSTRATED DEPARTURE FROM PRIOR STATEMENTS
Where co-defendants have conflicting interests, one may cross-examine the other’s witnesses.
Lawpointuganda
Mar 123 min read
THE SUPREME COURT HAS REAFFIRMED THAT A PERSON CONTRACTING ON BEHALF OF A NON-EXISTENT COMPANY BEARS PERSONAL LIABILITY.
Under Section 33(1)(a) of the Companies Act, a contract is validly executed if signed by an authorized company representative.
Lawpointuganda
Mar 88 min read
HIGH COURT HAS EMPHASIZED THAT AN ARBITRATOR MUST MAINTAIN ACCURATE RECORDS TO PREVENT BIAS ALLEGATIONS-COURTS WILL NOT INTERFERE WITH ARBITRATION AWARDS APART FROM PROCEDURAL IRREGULARITIES.
While the Court does not re-evaluate evidence, it has to ensure that arbitration proceedings adhere to the principles of fairness and due pr
Lawpointuganda
Mar 82 min read
HIGH COURT REAFFIRMS PRINCIPLES OF FAIRNESS AND TRANSPARENCY IN PUBLIC PROCUREMENT PROCESSES—DISQUALIFICATIONS MUST BE JUSTIFIED AND WELL-INVESTIGATED
Procuring entities must ensure that any disqualification or adverse action against a bidder is based on proper investigations and justifiabl
Lawpointuganda
Mar 42 min read
HIGH COURT HAS AFFIRMED THAT STRICT PROOF OF LONG-TERM OCCUPANCY IS REQUIRED TO ESTABLISH A KIBANJA INTEREST – IN A JUDGMENT MERE TEXTUAL SIMILARITIES DO NOT CONSTITUTE JUDICIAL MISCONDUCT
For one to claim an interest in land, he or she must demonstrate that the interest was lawfully acquired from someone who previously had an
Lawpointuganda
Mar 44 min read
HIGH COURT RULES THAT DEFAMATORY STATEMENTS MADE IN PUBLIC FORUMS, SUCH AS WHATSAPP GROUPS, CAN CAUSE SIGNIFICANT REPUTATIONAL DAMAGE.
A defamatory statement is one which has a tendency to injure the reputation of the person to whom it refers by lowering him in the estimatio
Lawpointuganda
Mar 12 min read
The Supreme Court has reinforced the principle that appellate courts cannot substitute their own findings when a case has never been heard on its merits.
The Supreme Court referenced its previous decisions which affirm that courts must allow a full hearing where preliminary objections have be
Lawpointuganda
Feb 283 min read
HIGH COURT AFFIRMS REQUIREMENTS FOR GIFTS INTER VIVOS AND SUGGESTS ADDING A FOURTH CONDITION TO THE EXISTING LEGAL FRAMEWORK—ANY UNAUTHORIZED ENTRY ONTO THE LAND BY A THIRD PARTY CONSTITUTES TRESPASS.
The court suggested adding a fourth condition to the existing legal framework, on the legal principles governing gifts inter vivos making th
Waboga David
Feb 254 min read
HIGH COURT CLARIFIES THE NATURE OF MORTGAGE TRANSACTIONS & ENFORCEMENT PROCEDURES—WHO HAS THE CAPACITY TO REPRESENT A COMPANY IN AFFIDAVITS—FAILURE TO CITE CASE LAW DOES NOT INVALIDATE THE CASE.
A distinction was not made between an informal mortgage on customary land and an informal equitable mortgage based on an unregistered intere
Waboga David
Feb 224 min read
HIGH COURT CLARIFIES THE REVOCATION AND APPOINTMENT OF A NEUTRAL ADMINISTRATOR WHERE PARTIES FAIL TO AGREE—LAWYERS WHO REPRESENTED THE PARTIES SHOULD BE PAID FROM THE ESTATE'S INCOME.
Upon revocation of probate or letters of administration, High Court has the authority to appoint a new administrator deemed fit and proper
Waboga David
Feb 224 min read
High Court Clarifies the Jurisdiction of Courts in Arbitration-Related Disputes- A Party's Failure to Comply With Contractual Terms Cannot be Used to Justify Non-Payment For Work Already Done.
If parties engage substantially in litigation without raising arbitration objections, courts may find that the arbitration clause has been
Waboga David
Feb 215 min read
HIGH COURT AFFIRMS THAT MONEY LENDING AGREEMENTS THAT LACK STATUTORY COMPLIANCE ARE VOID AND UNENFORCEABLE
The absence of a party’s signature or third-party witness on a loan agreement implies a lack of consensus, rendering the contract invalid.
Waboga David
Feb 204 min read
High Court Clarifies That Job Loss of a Co-Borrower Does Not Frustrate a Salary Loan Contract.
Once a loan offer is accepted by the borrower and communicated to the lender, it becomes legally binding. The lender cannot unilaterally
Waboga David
Feb 192 min read
The Constitutional Court Holds That Election Disputes Must Be Resolved Within the Election Cycle to Ensure Electoral Justice—Delayed Determination of an Election Petition is Unconstitutional.
The Constitutional Court held that the failure to deliver a timely decision deprived the people of Kibuku County of their constitutional rig
Waboga David
Feb 184 min read
The High Court has Ruled That The Uganda Law Society Act Does Not Empower Any Individual or Council To Unilaterally Suspend Elected Members.– Elected Officials Cannot Be Arbitrarily Removed
Justice Ssekaana has held that the Uganda Law Society Act does not empower any individual or council to unilaterally suspend elected members
Waboga David
Feb 142 min read
The Supreme Court of Kenya Clarifies Presumption of Marriage Doctrine
An increasing number of adults choose to cohabit without intending to marry. Courts must respect these choices and refrain from imposing
Lawpointuganda
Feb 142 min read
The Court of Appeal has emphasised that it cannot grant an injunction or stay over an interest in land it has already determined to be non-existent.
The court emphasized that it cannot grant an injunction or stay an interest in land that it has previously determined to be nonexistent.
Waboga David
Feb 53 min read
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