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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 of Uganda reaffirms guiding principles on voire dire, voice identification, dying declarations, and sentencing in criminal cases.
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

Waboga David
Jun 21, 20256 min read


High court affirms that in a summary suit, mere partial payment of the demand without a substantive defence does not entitle a defendant to leave to appear and defend.
High court dismisses application for leave to appear and defend a summary suit over UGX 82M Debt . Subject Matter Summary procedure –...

Waboga David
Jun 20, 20253 min read


PIERCING THE CORPORATE VEIL: THE LANDMARK EMERALD HOTEL JUDGMENT AND ITS TRANSFORMATIVE IMPACT ON UGANDAN BANKING LAW
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.

Obita Calvin Stewart
Jun 18, 20256 min read


Upholding The Rule Of Law in Employment: Lessons from the Fridaus Nambi v. Knight Frank Uganda Ltd - Labour Dispute No.074 of 2024
The rule of law is the bedrock of any functional society and is especially critical in the realm of employment relations. It ensures that both employers and employees operate within a framework of fairness, transparency, and accountability. In Uganda, as in many jurisdictions, the Employment Act and principles of natural justice serve as guiding lights for resolving workplace disputes.

Lawpointuganda
Jun 18, 20257 min read


High Court establishes that, in the absence of fraud, a donor cannot reclaim registered land merely because its use has changed unless express conditions were attached to the donation and breached.
The Court held that in cases of charitable donations, a donor cannot reclaim land simply because its use has changed, unless the donation was made subject to expressly attached legal conditions, which were later breached. Absent such conditions, the court found that trustees retain discretion to manage and even lease trust property, provided that the core objectives of the trust—such as religious or educational use—are not abandoned. Leasing parts of the land, therefore, does

Sylivia Nandawula
Jun 15, 20255 min read


The CoA establishes that procedural defects or administrative lapses by government entities do not amount to fraud in the absence of clear, direct evidence that the registered proprietor was complicit
A certificate of title is conclusive under the RTA unless fraud is proven. Lease offers issued over titled land are invalid if the land is not available or is disputed.

Waboga David
Jun 14, 20255 min read


The Court of Appeal affirms that while illegality can override pleadings, it must still be pleaded or supported by evidence if it involves mixed questions of law and fact
The appellate court emphasized that the validity of the mortgage was a mixed issue of law and fact, requiring evidence which had not been adduced.

Waboga David
Jun 13, 20254 min read


Court reiterates that schools, as 'In Loco Parentis', must not supplant parental authority, and that economic, social, or other differences between parents do not diminish their constitutional rights
The Court warned against third parties – including schools and even courts – confusing parental disputes (such as divorce) with the legal rights of children. It emphasized that economic hardship or parental separation does not justify undermining a parent’s constitutional rights to raise and care for their child.

Waboga David
Jun 12, 20255 min read


High Court rules that arbitration clauses in a contract are enforceable and binding, and attempts at amicable resolution, once exhausted, activate the mandatory arbitration route under agreements.
The court observed that where a contract contains a valid and enforceable arbitration clause, courts are obliged to refer disputes to arbitration unless the clause is null, void, inoperative, or incapable of being performed.

Waboga David
Jun 10, 20252 min read


High Court reaffirms that a consent judgment becomes binding once signed by the parties and endorsed by the court
A consent judgment becomes binding once signed by the parties and endorsed by the court. It may only be set aside on limited grounds such as fraud, collusion, or ignorance of material facts

Waboga David
Jun 9, 20253 min read


Revisiting the Doctrine of Guarantorship in a Contract: A Comparative Look at Mian Aqueel & Anor v Exim Bank (U) Ltd and Ecobank Uganda Ltd v King James Comprehensive School Ltd & Others
A guarantee establishes a tripartite legal relationship involving the creditor, the principal debtor, and the guarantor. Under this arrangement, the guarantor undertakes a secondary obligation to satisfy the debt or obligation if the principal debtor defaults. This secondary liability only becomes enforceable upon the failure of the principal debtor to fulfil their primary obligation.

Lawpointuganda
Jun 8, 202510 min read


The High Court has clarified that there is no specific statutory timeframe within which a respondent in a judicial review application must file an affidavit in reply
The court further clarified that Rule 7(3) is two-pronged; the first limb directs a respondent to file any intended affidavit “as soon as practicable.”
The second limb, which includes the 56-day timeframe, only applies when the applicant has amended their motion or filed additional affidavits, thereby triggering a reciprocal right for the respondent to reply within that set period.

Waboga David
Jun 4, 20252 min read


High Court Reasserts That Submissions Filed Out of Time Without Leave Are Not on Record and Will Not Be Considered, Thus the Court May Proceed Without the Defaulting Party’s Input.
Citing Order 17 Rule 4 of the Civil Procedure Rules (CPR), the Court emphasized that failure to perform “any other act necessary to the further progress of the suit, for which time has been allowed”, including filing submissions, can result in the Court proceeding without considering the defaulting party’s input.

Waboga David
Jun 3, 20257 min read


Nassimbwa Rose & Others v Kibugo David & Others: Judicial Approval of Exhumation for Paternity Testing and a Comparative Analysis with Mpumwire Magambo v Amanda Magambo
The Court should therefore exercise caution before issuing such orders. However, when certain circumstances arise and make it desirable and imperative that a body be exhumed, the court will not unnecessarily fetter its discretion but will order such exhumation to meet the ends of justice. In the instant case, I have come to believe that it is in the best interest of all the parties that the paternity test is conducted through exhumation of the remains of the late Nsereko Geor

Waboga David
Jun 3, 20255 min read


Tom Waits v. Doritos: Vocal Identity, Misappropriation, and Lessons for Uganda's Intellectual Property Regulatory Framework.
The rise of artificial intelligence has dramatically transformed the landscape of voice imitation, making it possible to create highly realistic digital replicas of an individual’s voice, often without their knowledge or consent for example the Late Ugandan Artist, Moze Radio of GOODLYFE Music, there have been allegations of AI voice imitation of his likeness and vocal timbre.
Edgar Okitoi
Jun 2, 20259 min read


High Court clarifies that a gift inter vivos must be perfected during the Donor’s lifetime and is not capable of validation posthumously through Letters of Administration.
The High Court clarified that a person administering an estate must first register land in their representative capacity before transferring it into their name; failure to do so is irregular and may be contested. Also, claims grounded in customary inheritance must demonstrate the existence and application of specific customs, not merely invoke cultural norms.

Waboga David
Jun 2, 20258 min read


High Court reaffirms that an application for an interim stay of execution under Order 43 rule 4(3) of the Civil Procedure Rules (SI 71-1) must be based on a competent notice of appeal.
In the present case, the Court held that a competent notice of appeal is one that bears the endorsement of the Registrar, in accordance with Rule 76(1) of the Judicature (Court of Appeal Rules) Directions (SI 13-10), which mandates that a notice of appeal be lodged in duplicate with the Registrar of the High Court. Non-compliance with this procedural requirement renders the application incurably defective and liable to be struck out.

Waboga David
Jun 1, 20253 min read


High Court Reaffirms That While Reinstatement of Dismissed Suits Generally Requires Demonstration of Sufficient Cause, the Imperatives of Justice May Override Strict Procedural Rules in Land Disputes.
A reinstatement of the suit will not occasion any prejudice to the Respondent… On the other hand, the Applicant has the right to be heard in the main suit, which is protected by Article 28 of the Constitution

Waboga David
Jun 1, 20254 min read


High Court Affirms That Delay in Filing an Inventory May Warrant Revocation of a Grant, Regardless of Applicant’s Status as Beneficiary
The Court asserted that the framers of the Act deliberately imposed strict timelines that must be adhered to. While recognising that courts are empowered under Article 126(2)(e) of the Constitution to administer substantive justice without undue regard to technicalities, she stressed that this discretion must not be used to undermine the clear intent of statutory deadlines.

Waboga David
May 30, 20253 min read


General Elections Are a Process, Not a Single Event—So Too Must Be Election Petitions: An Analysis of the High Court’s Decision in Nambi Faridah Kigongo v Luyimbazi Elias Nalukoola & Anor
It is settled that an election is not an event but an elaborate process consisting of several stages which climax into voting, counting and tallying of votes, and final declaration of the winner by gazettement. As such, when faced with an Election Petition, the court has to analyse and evaluate the entire electoral process and not restrict itself to the polling day activities only

Lawpointuganda
May 30, 20255 min read


The Procurement Appeals Tribunal rules that clarification mechanisms under the PPDA (Evaluation) Regulations are strictly limited and cannot be used to cure material defects or omissions in a bid.
The Tribunal found that the failure or omission by the Applicant to supply samples as instructed by the bidding document was a material deviation that would in a substantial way, affect the quality of the supplies to be procured and would ultimately affect the ability of the applicant to perform the proposed contract contrary to Regulation 7(4) a) and b) of the Public Procurement and Disposal of Public Assets (Evaluation) Regulations, 2023. Therefore the Evaluation Committee

Rebecca Mutesi
May 29, 20256 min read


Access to Public Documents Requires Strict Adherence to Statutory Procedure: High Court Reaffirms It Is Not the Court of First Instance
While the Court acknowledged Article 41 of the Constitution and section 4 of the Access to Information Act, it emphasized that access to such information is governed by clear procedures set out in the Act. These include submitting a formal written request to the relevant information officer and, where access is denied, appealing first to the Chief Magistrate's Court under section 36 of the Access to Information Act.

Waboga David
May 29, 20254 min read


NEW BALANCE V GOLDEN GOOSE: THE LEGAL BATTLE OVER THE “DAD SHOE” DESIGN
A mark’s strength is measured by its distinctiveness and ability to act inherently as a badge or indicator of origin. New Balance claims its 990 design is “distinctive” through secondary meaning, arguing that it acquired its distinctiveness through use, noting that it sold millions of 990s over 40 years and spent many millions promoting them.
Edgar Okitoi
May 28, 202517 min read


High Court Reaffirms Mandatory Nature of Summons for Directions under Order 11A of The Civil Procedure Rules
The law says that if this 28-day step is not taken, the case “abates.” In simple terms, this means the case is automatically brought to an end, not because the claim is weak, but because the person bringing the case failed to follow the procedure on time.
This rule is found in Order 11A of the Civil Procedure Rules, which was updated in 2019 to help courts handle cases faster and avoid unnecessary delays.

Waboga David
May 28, 20253 min read
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