top of page
BLOG POSTS
DISCLAIMER
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.
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 22, 20254 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 22, 20254 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 21, 20255 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 20, 20254 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 19, 20252 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 18, 20254 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 14, 20252 min read
Kenya's High Court Rules Cousin Relationships Are Not Incest: Lessons for Uganda’s Sexual Offences Bill 2024 Review
Interestingly, Clause 15(3) of Uganda’s Sexual Offences Bill 2024 allows for exceptions where sexual acts between prohibited relatives are
Waboga David
Feb 14, 20254 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 14, 20252 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 5, 20253 min read
THE TRIAL OF CIVILIANS IN MILITARY COURTS: A GLOBAL PERSPECTIVE AND THE UGANGAN CONUNDRUM
Several key cases have shaped the jurisprudence on whether military courts can try civilians. These cases reflect global opposition to the p
Obita Calvin Stewart
Jan 29, 202511 min read
The High Court Has Clarified Key Legal Principles Regarding Land Ownership, Possessory Rights, and The Administration of Public Land in Uganda.
Statutory leases previously granted to urban authorities under Article 286 ceased, but Article 237(5) and (6) allowed for their conversion t
Waboga David
Jan 25, 20257 min read
High Court Clarifies the Use of Originating Summons in Legal Proceedings.
It was held that Originating Summons is not a procedure suitable for resolving disputed questions of fact or cases requiring considerable am
Waboga David
Jan 23, 20252 min read
INDUSTRIAL COURT SETS CLEAR RULES FOR EMPLOYMENT REDUNDANCY TERMINATIONS: WHAT THIS MEANS FOR EMPLOYERS AND EMPLOYEES
The court emphasized that redundancy is not about fault but about business needs. However, fairness demands transparency, consultation, and
Waboga David
Jan 21, 20255 min read
High Court Warns Lawyers to Avoid Citing Repealed Laws Following the 7th Revised Edition of Uganda’s Principal Legislation-Timely Filing of Affidavits in Reply.
The court emphasized that affidavits should be filed before the hearing of the motion, but the law is silent on the exact timing. In this ca
Waboga David
Jan 18, 20253 min read
Constitutional Court Reaffirms That Its Jurisdiction Is Limited to Constitutional Interpretation, Not Individual Rights Enforcement
The court highlighted the distinction between enforcing constitutional rights and interpreting the Constitution. As noted in Tinyefuza v AG,
Waboga David
Jan 13, 20252 min read
The High Court Affirms That Delayed Assertion of Ownership Rights Can Undermine Claims, Especially When The Original Owner is Deceased.
It was the court's observation that, the plaintiffs had not acquired any valid interest in the land. As mere caretakers, they could neither
Waboga David
Jan 12, 20254 min read
A Purchaser Cannot Claim Ownership or Seek Equitable Remedies Based on Unilateral Actions Undertaken Without Fulfilling Their Contractual Obligations, High Court Affirms.
While equity grants the purchaser an interest in the property upon execution of a sale agreement, this is contingent on compliance with cont
Waboga David
Jan 10, 20255 min read
When the Gavel Falls Silent: How the Ugandan Judiciary Silence on Attorney General v Kabaziguruka Reflects a Betrayal of the Social Contract and the Rule of Law
Without decisive action, the dominoes of impunity will continue to fall, and the Judiciary will be remembered as the force that gave them th
Waboga David
Jan 10, 20255 min read
An Overview of Evidence II: Document, Judicial Notice, Estoppel, Witnesses, and Burden of Proof.
Whether you're a seasoned lawyer, a budding law student, or simply curious about the inner workings of Uganda’s legal system, understanding
Joshua Morris Byaruhanga
Jan 9, 202543 min read
ARE LAWYERS STILL SAFE REPRESENTING CLIENTS IN UGANDA’S GENERAL COURT MARTIAL? A QUESTION OF CONTEMPT FOR JUSTICE OR CONTEMPT OF COURT?
It is high time we confronted the elephant in the room. The safety of lawyers in the General Court Martial and the integrity of the justice
Waboga David
Jan 7, 20254 min read
Case Brief Of Hon. Michael Kabaziguruka Versus Attorney General Constitutional Petition No. 45 Of 2016
Civilians can be subject to military law where they are charged with aiding and abetting serving UPDF Officers to commit service offences.
Mbabazi Cindy Patricia
Jan 6, 20253 min read
CASE BRIEF OF HERITAGE OIL AND GAS LTD V UGANDA REVENUE AUTHORITY CIVIL APPEAL NO.14 OF 2011
Tax Appeals Tribunal cannot refer disputes before it for arbitration even if the parties had an already existing agreement that permits it
Mbabazi Cindy Patricia
Jan 2, 20253 min read
High Court Clarifies That the Mandatory Writing Requirement for Contracts Exceeding 25 Currency Points (UGX 500,000) Is Flexible Under the Contracts Act in Uganda.
The court clarified that while written agreements for contracts exceeding 25 currency points are strongly recommended to simplify proof of a
Waboga David
Dec 31, 20245 min read
Follow us:
.jpg)
bottom of page