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.


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 42 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 37 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 35 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 29 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 28 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 13 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 14 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 303 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 305 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 296 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 294 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 2817 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 283 min read


High Court Affirms That Delay in Producing a Will Does Not Invalidate It Unless Fraud Is Proven.
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

Atuheire Gloria
May 274 min read


AW OR LEVERAGE? A CRITICAL DECONSTRUCTION OF Nambi v. Nalukoola AND THE WEAPONIZATION OF ELECTORAL JUSTICE IN UGANDA
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.

Obita Calvin Stewart
May 278 min read


Mental Illness Alone Not Sufficient to Warrant Appointment to Manage Estate of a Person of Unsound Mind, High Court Rules.
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.

Waboga David
May 263 min read


CARBON MARKETS AND UGANDA: LEGAL FRAMEWORKS, CHALLENGES, AND OPPORTUNITIES
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.

Obita Calvin Stewart
May 259 min read


THE LOUBOUTIN V. YSL RED SOLE DISPUTE: FASHION, LAW, AND THE LIMITS OF TRADEMARK PROTECTION
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.
Edgar Okitoi
May 247 min read


High Court Affirms that While Written Spousal Consent Is Required for Land Transactions, Proprietary Estoppel May Arise Where a Spouse Participates in or Benefits From the Transaction Even Without It
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.

Waboga David
May 245 min read


Carbon Markets & Net Zero: What Everyone Should Know The Law, Challenges & Opportunities
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?

Lawpointuganda
May 232 min read


High Court Clarifies Limits of Judicial Recourse Against Arbitral Awards Under Section 34 of the Arbitration and Conciliation Act
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.

Lawpointuganda
May 223 min read


The Supreme Court of Uganda Upholds the Validity of Section 101(5) of the Financial Institutions Act, Which Bars Courts from Staying Liquidation Proceedings.
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.

Sylivia Nandawula
May 213 min read


High Court Reaffirms That a Bankruptcy Petition Must Be Supported by Evidence to Prove Inability to Pay and Justify Stay of Execution
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.

Waboga David
May 184 min read


Supreme Court Clarifies That Mortgages Are Governed by Contractual Terms; Regulation 13 of the Mortgage Regulations No. 2 of 2012 Complements Rather Than Overrides That Relationship.
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

Sylivia Nandawula
May 175 min read
Follow us:
bottom of page