Lawpoint Uganda

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

The lawsuit between Ed Sheeran and the estate of Marvin Gaye over the alleged copying of “Let’s Get It On” in Sheeran’s 2014 hit “Thinking Out Loud” crystallises this tension. This dispute, spanning several years and multiple courts, has become emblematic of the challenges in defining originality in music and the limits of copyright protection

Forget the myth of a straight path. Life is a winding road, full of detours, surprises, and pivots. You might start in one field and find your passion in another. You might fail spectacularly at something, only to discover a hidden talent or a new direction. Be flexible. See every twist and turn as a chance to learn, grow, and reinvent yourself. The ability to adapt is your greatest superpower of humankind.

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.

ADR in Uganda is a well-established mechanism, deeply integrated into the legal system through constitutional, statutory and institutional support. It has proven its effectiveness in reducing the caseload in the county. While challenges like limited awareness and funding persist, the judiciary has a role to play in enhancing the application of ADR in Uganda.

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.

The emergence of artificial intelligence has further complicated the debate over authorship and copyright. AI systems are now capable of generating original works of art, music, literature, and code, thus raising the question of whether AI can be considered an author, and if so, how should copyright law apply? The U.S. Copyright Office has however taken a firm stance against recognizing AI as an author, stating that copyright protection extends only to works created by human

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 Hermès v. Rothschild case therefore represents trademark law's attempt to re-establish control over the "real" and its signs in a hyperreal economy, asserting that even in the digital ether, the fundamental principles of preventing confusion and dilution must apply to maintain the integrity of established brands against unauthorized "simulacra."

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.

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.

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

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.

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.

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.

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.

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

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.