Lawpoint Uganda

If suspicions arise surrounding the execution of a will, the court will apply the judicial conscience test to determine its validity. This involves assessing the testator's understanding of the will's content, consequences, and effect, as well as their mental soundness and free will at the time of execution.h

The High Court's decision in Nambi Faridah Kigongo v. Luyimbazi Elias Nalukoola and Electoral Commission, rendered on 26 May 2025, is more than a routine election petition ruling. At face value, the Court invalidated the victory of the National Unity Platform (NUP) candidate Elias Nalukoola in Kawempe North due to significant irregularities, namely, the failure to return results from 14 polling stations, and the Respondent’s personal violation of campaign laws on polling day.

Despite establishing that Ms. Katende suffers from mental illness, the application was dismissed due to failure to prove the other two essential grounds. Applications under the Mental Health Act for management of the affairs of persons with mental illness must be supported by: Conclusive medical evidence, Proof of entitlement or legal interest in the subject’s estate, and Evidence of fitness and integrity of the applicants.

Article 6 of the Paris Agreement plays a critical role in shaping international carbon markets, offering frameworks for countries and companies to cooperate in achieving emissions reductions. Under Article 6.2, countries can engage in bilateral or multilateral agreements to transfer emissions reductions, known as Internationally Transferred Mitigation Outcomes (ITMOs), which can be counted toward their own climate targets.

A trademark must act as an indicator of origin, denoting from whom the goods or services came rather than what they are, that is why in Canon Kabushiki Kaisha v Metro Goldwyn - Mayer Inc court noted that the essential function of the trade mark is to guarantee the identity of the origin of the marked product to the consumer.

The court affirmed that Equity will bar a landowner from asserting legal rights if they encouraged another to believe they had an interest in the property and act to their detriment, as stated in Crabb v Arun District Council [1976] 1 Ch.183, Ramsden v Dyson (1866) LR 1 HL 129.

With the world shifting toward sustainability, carbon trading is becoming a powerful tool in the fight against climate change. But how can Uganda fully harness this emerging opportunity? What legal, financial, and environmental challenges lie ahead—and how can the legal profession play a central role in shaping this landscape?

The court made a comparative reference to the U.S. case Hohenzheft v Superior Court of Los Angeles County (2024) 318 Cal.Rptr.3d 475, where the court ruled that arbitrators cannot unilaterally extend time limits. The Ugandan legal position differs, but the Court noted that this ambiguity warrants legislative review.

The Supreme Court of Uganda affirms that legislative provisions that limit court interventions during financial institution liquidations can be constitutional if they serve a legitimate public interest, such as maintaining financial stability.  

A pending bankruptcy petition does not automatically justify a stay of execution. Proper procedure and clear evidence of inability to pay are essential. Inherent powers of court cannot be invoked prematurely or to circumvent due process.

The Supreme Court’s decision in Haruna Sentongo v I & M Bank (U) Limited brings a shift in the interpretation of Regulation 13 of the Mortgage Regulations 2012. While the Constitutional Court previously upheld the provision as constitutionally sound in Ferdsult Engineering Services Ltd v Attorney General, the Supreme Court has now injected a necessary nuance, emphasizing that rigid application of the 30% repayment requirement must not obstruct access to justice or undermine t

Where a landowner subdivides and sells a portion of land that is landlocked or without a direct access road, the law will imply an easement necessary for the reasonable use and enjoyment of the land sold as affirmed in Shah Champshi Tejshi & Others v Attorney General of Kenya (1959) EA 630 at 638

Even after an interlocutory judgment is entered, the Plaintiff must still prove their claim for damages on the balance of probabilities.This remains true whether the suit proceeds ex parte or inter partes

Under Section 242(e) of the Succession Act, Cap. 268 imposes a clear duty: An application for letters of administration shall state the amount of assets which are likely to come to the petitioner’s hands. The court emphasised that this provision demands full disclosure of all known assets by the applicant at the time of petitioning. The intent is to streamline the administration of the estate and avoid fragmented or conflicting grants. Crucially, deliberate concealment may am

Pleadings are, unlike affidavits, not evidence... With respect, learned counsel is basing on the words 'who is able to depose to the facts of the case' appearing in O.29 r.1 to surmise that only principal officers of a corporation are competent to swear affidavits. That is an incorrect construction. What is required in affidavits is the knowledge or belief of the deponent… not authorisation by a party to the litigation. Competency is pegged to the ability to depose to the fac

Courts will uphold agreements unless they are void for vagueness, lack consensus, or offend public policy. A party cannot later recast a clear and operational contract as provisional to avoid performance, especially after having benefited from its terms. Moshoana J’s articulation of principle, contextual contract interpretation, and procedural precision further elevate the judgment as a teaching piece on both substance and form. Like the song at the heart of the dispute, t

An employer cannot indefinitely benefit from an employee’s higher-grade service while denying commensurate pay. Equity abhors such exploitation.

The court reaffirmed that under Article 26(1) of the 1995 Constitution of Uganda, every person has the right to own and freely dispose of property. This includes the right to distribute one's land as one wishes, barring statutory or constitutional limitations such as those governing family land under the Land Act, Cap 236.

A written retainer is not the only way to prove an advocate-client relationship. Courts may infer such a relationship from the conduct, communications, and interactions between the parties. However, absent a clear retainer or conduct signifying mutual agreement, no such relationship can be presumed. Where no advocate-client relationship exists, a law firm is not barred from representing a party, even if it previously interacted with the opposing party in a general advisor

The High Court held that the Applicants had no legal capacity to sue over the suit land because they had not obtained letters of administration for the estate of the late Musa Musoke Kiwumumpu, whose interests they purported to represent. Citing section 187 of the Succession Act, the Court emphasized that no right to a deceased’s property can be established in court without first obtaining letters of administration.

From Justice G.M. Okello’s memorable caution that “land is not vegetables to be bought from unknown sellers” in Sir John Bageire v. Ausi Matovu, to mortgage transactions in the landmark ruling on spousal fraud in Kanyima v. Mercantile Credit Bank, Ugandan courts have developed a rich jurisprudence that guards against fraud, safeguards equity, and enforces statutory principles. Fredrick Zaabwe v. Orient Bank redefined the limits of fraud and misuse of powers of attorney UNRA

The courtroom battle between celebrity tattoo artist Kat Von D and photographer Jeff Sedlik over a Miles Davis portrait tattoo became a landmark case that forced the law to confront a modern dilemma: Can a tattoo infringe copyright if it’s art, homage, or something else entirely? This legal clash wasn’t just about a single tattoo, it was a collision of two creative worlds. On one side, Sedlik’s iconic photograph of jazz legend Miles Davis, a tightly controlled copyrighted wor

The Court clarified that reinstatement is a discretionary remedy under Section 71(6) of the Employment Act and not mandatory. Where a dismissal is unfair solely because of procedural irregularities, courts are not obligated to order reinstatement. The Court echoed the Supreme Court's stance in Bank of Uganda v Betty Tinkamanyire, cautioning against forcing employers to retain employees they no longer wish to employ.

In our profession, work must be paid for, not just paid, but paid fairly. Fair compensation should reflect both the effort and skill involved, without being exploitative. This is where the Advocates (Remuneration and Taxation of Costs) Regulations come in. These regulations offer a clear framework for what constitutes reasonable legal fees, balancing client protection with the dignity of legal labour. Lawyers must use them not only as a pricing guide, but as a tool to defend