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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.


If it’s unclear whether a borrower has actually defaulted on a loan agreement, where key terms like repayment timing are disputed, a lender cannot hold the guarantor liable at the summary stage.
The Court further observed that by summarily determining Civil Suit 1120 of 2025, it was likely to preempt the outcome of Civil Suit 535 of 2024 and render it nugatory as stated by the applicants. The Court clarified that if the Civil Division found that the encashment was illegal or wrongful, that finding would directly affect (and likely defeat) the claim in the suit before it. In other words, the suit before this Court was dependent on and intertwined with the issue before

Kiiza John Paul
Apr 16 min read


High Court Upholds Conviction for Abuse of Office in District Payroll Fraud Case; Holds That an Officer Serving Beyond Permitted Acting Period Does Not Escape Liability Merely Because the Appointment
The Court's interpretation of "employed in a public body" under Section 10(1) of the Anti-Corruption Act is not confined to persons legally and formally holding a public office. The substantive public employment relationship, even if a particular acting role has technically lapsed, is sufficient to attract criminal liability where the officer knowingly and willfully continues to exercise that role's powers.

Waboga David
Mar 3114 min read


“Capitalisation of Accrued Interest Under a Shareholder Loan Constitutes “Payment” Within Ss 47(2) & 2(xx) of the ITA; Withholding Tax Arises at the Point of Capitalisation, Not Upon Cash Remittance”.
It is my considered view that even without actual cash flow, any tax payer is deemed to have paid the interest for tax purposes at capitalisation thus triggering withholding tax at that stage, regardless....once capitalised, the interest ceased to be characterised as interest and became part of the principal loan, on which the lender was entitled to further interest. UTI B.V. recognised interest income in its books of account for 2012–2017 and paid tax on those amounts in the

Waboga David
Mar 2910 min read


A Termination Letter Disguised as a Dismissal Is Unlawful, and Failure to Follow Internal HR Manuals Can, in Itself, Render a Dismissal Unlawful. Industrial Court Rules.
The Court first noted the termination letter gave no reasons and only provided notice, suggesting a no‑fault termination. As held in Stanbic Bank v Nassanga, a straight termination (no-fault) needs no reason or hearing if notice is paid: “if termination can be for a reason or none then termination does not require a hearing”. Here, the letter paid two months’ salary but said nothing about misconduct, which prima facie would be lawful under the Employment Act Section. 64(1)(a)

Waboga David
Mar 288 min read


Where a Loan Transaction Is Disguised as a Land Sale, Such Transactions are Fraudulent and Unenforceable. High Court at Kabale Rules.
The Court identified two key elements of fraud on the facts, first, the concealment of the true nature of the transaction, namely that the agreements were intended as security for a loan rather than as instruments of a genuine sale; and second, the deliberate mischaracterisation of the transaction as a sale, which had the effect of depriving the parties of appropriate equitable remedies, such as an account of the sums advanced and repaid.

Atukunda Joan (Patel)
Mar 276 min read


Internet Service Providers Win at the US Supreme Court in the Landmark Case of Cox v. Sony Music Setting the Limits of Secondary Copyright Liability, A Ugandan Legal Perspective.
A service provider induces infringement where it actively encourages infringement through specific acts, such as express promotion, marketing, or other conduct demonstrating an intent to promote infringing use. Knowledge of infringement alone is insufficient; there must be affirmative conduct directed at

Waboga David
Mar 269 min read


Where a worker alleges occupational injury, disease, or disability arising from employment, such claims must be brought under the Workers' Compensation Act, and not through human rights enforcement.
Where a worker alleges occupational injury, disease, or disability arising from employment, the Workers Compensation Act (Cap. 225) provides the exclusive and adequate statutory framework. Employees and their advocates must channel such claims through the statutory workers' compensation Act, not constitutional litigation for rights enforcements

Waboga David
Mar 265 min read


“The Surviving Spouse Shall Have Preference Over Any Other Person in the Administration of the Estate of a Deceased Intestate, Which Does Not Depend on Family Meeting.” High Court at Fort Portal Rules
The Court emphasized statutory priority: “The surviving spouse shall have preference over any other person in the administration of the estate of a deceased intestate.”
It held: The Plaintiff, as widow, is first entitled The Defendant, as a brother, has no beneficial interest Co-administration would “only entrench discord and delay distribution”

Waboga David
Mar 259 min read


The High Court at Kabale clarifies that even if someone is in prison, they can still take part in court cases filed by or against them virtually, in observance of the right to a fair hearing.
The Court noted that the right to a fair hearing is a non-derogable right under Article 44(c) of the Constitution, and that a criminal conviction or incarceration does not extinguish this right.
Invoking the Judicature (Electronic Filing, Service and Virtual Proceedings Rules) 2025, specifically Regulation 28(a) and (e), the Court reasoned that an incarcerated person can participate in civil proceedings via a virtual audio link, underscoring that imprisonment is not a barrier

Waboga David
Mar 247 min read


VAT Treatment of Supplies to Aid-Funded Hydroelectric Project Contractors: Tax Appeals Tribunal Affirms Deemed VAT Despite Paragraph 1(z) Exemption
A careful examination of S.24(6) and paragraph 1(z) shows that these two provisions are in conflict.
This conflict is not apparent and only to force in cases where the Aid-funded project under S.24(6) is either a hydro-electric power,solar geothermal,bio-gas or wind energy project. Suppliers of goods and services to the contractors and subcontractors of Aid-funded,
hydro-electric power, solar, geothermal, bio-gas or wind energy projects, cannot avail
themselves of this p

Kiiza John Paul
Mar 239 min read


THE BLACK BOX: BALANCING TRADE SECRETS PROTECTION WITH DATASUBJECTS IN CROSS-BORDER AI DEVELOPMENT
Contracts must go beyond standard clauses to specifically address AI training, clearly define whether an AI provider acts as a processor or controller, and allocate liability for automated decision-making outcomes.

Lawpointuganda
Mar 231 min read


Constitutional Court Nullifies the Computer Misuse (Amendment) Act, 2022; Criminal Libel Under the Penal Code Act Also Declared Unconstitutional.
"The definition of 'defamatory matter' in section 163 PCA does not bode well with the standard of proof for offences that are proscribed by the Penal Code Act, which is 'beyond reasonable doubt.' It leaves the definition of the misdemeanour called 'libel' uncertain, vague, indefinite, unspecified, and... ambiguous." — Mulyagonja, JCC

Lawpointuganda
Mar 1713 min read


“Stopping Payment on a Cheque Does Not Extinguish the Underlying Debt Obligation; a Payee May Sue Directly on the Cheque Itself, Even if Disputes Exist About the Underlying Contract,” High Court Rules
Whilst the drawer may lawfully countermand payment under Section 74(a), the Court made clear that such authority does not extinguish the underlying obligation to pay. The defendant's admission in his witness statement that he issued the cheque and stopped payment was fatal to his defence.

Waboga David
Mar 145 min read


“Applications Brought Under Article 50 of the Constitution Are for the Enforcement of Rights That Are Infringed or Threatened, Not Where the Right Itself Is Contested.” High Court Rules
While the court acknowledged the High Court's inherent power to sever joint tenancies the exercise of this power is contingent on the underlying tenancy being uncontested. Where the very registration of joint tenancy is impugned as fraudulent, the joint tenancy dispute cannot be determined without first resolving the fraud issue, which requires an ordinary suit.

Harmony Ritah Owomugisha
Mar 136 min read


UNDERSTANDING CHILDREN'S DATA PRIVACY RIGHTS
Australia and Belgium have implemented robust measures to protect children online, focusing on age verification and content restriction. Australia passed a law banning children under 16 from social media and enforces mandatory age verification for adult sites. Belgium, particularly Flanders, targets stricter age checks, banning addictive features, and prohibiting personalized ads for minors, offering lessons that Uganda can adapt to strengthen protections.

Lawpointuganda
Mar 132 min read


“Where an Employee’s Termination Is Based on an Investigation, a Full Investigation or Forensic Report Should Be Provided to the Employee Before a Disciplinary Hearing is Conducted,” Court Rules.
"It is well-settled that where the termination of an employee is based on an investigation, principles of natural justice dictate that the employee in issue must be given the report before the disciplinary hearing to enable them to respond to its findings."

Waboga David
Mar 1012 min read


The Court at Kabale has held that a person identified at a family meeting as the intended administrator does not acquire the legal authority of an administrator unless they have obtained LOA.
Where a sale transaction is intrinsically void, because the vendor lacked legal authority to sell, the purchaser's bona fides, however genuine, cannot rescue the transaction. The illegality of the underlying transaction defeats the bona fide purchaser defence. Purchasers dealing with land from an estate must verify that valid letters of administration exist and that the administrator has authority to sell.

Kiiza John Paul
Mar 96 min read


Once a party dies, and the dispute touches on that party's estate, the appropriate vehicle for resolving property rights is an administration cause, not a Suit or an appeal, the Court at Kabale Rules.
The High Court noted that “A dead person may be substituted during the pendency of the suit by the person’s legal representatives. The court emphasized that absent substitution under the Succession Act, Cap 268, the appeal cannot be sustained. The court clarified that appeals require legal persons as parties, and the death of the appellant terminates the appeal unless proper substitution occurs.
Section 80(1)(a) of the Civil Procedure Act allows the court to conclude proceed

Waboga David
Mar 75 min read


High Court Rules in Favor of National Insurance Corporation, Says that where a clause is a condition precedent, the insurer does not need to prove that the breach caused prejudice to deny liability.
"There is a major difference between a breach of a mere condition and a breach of a condition precedent. In the former, the assured can still make a claim against the insurer despite the breach, whereas non-compliance with the latter automatically releases the insurer from liability for the claim that is tainted by the breach."

Kiiza John Paul
Mar 711 min read


Court of Appeal Upholds Aggravated Robbery Conviction, Says Strong Circumstantial Evidence, and Victim’s Memory Before Passing Out Can Be Enough to Prove Guilt
“To convict on the basis of circumstantial evidence, the chain of events must be so complete that it establishes the culpability of the appellant, and no one else, without any reasonable doubt. The chain must never be broken at any stage… Suspicion, however strong, cannot provide a basis for inferring guilt.”

Atukunda Joan (Patel)
Mar 36 min read


If You Were the Last Person Seen with Someone Who Later Dies and You Cannot Explain What Happened, the Court May Conclude You Caused the Death; Court of Appeal Clarifies the “Last Seen” Doctrine
“Where the deceased was last seen with the accused, there is a duty placed on the accused to give an explanation relating to how the deceased met his or her death.” And further: “The doctrine of ‘last seen’ means that the law presumes that the person last seen with a deceased bears full responsibility for his death… In the absence of a satisfactory explanation… the Court will be justified in drawing the inference that the accused person killed the deceased.” The Court held th

Mutungi Owen Mark
Mar 17 min read


“A Certificate of Title Does Not Automatically Confer Vacant Possession and Remains Subject to the Statutory Rights of Bona Fide Occupants under the Land Act.” High Court Rules.
A person who occupied land unchallenged by the registered owner for 12 or more years before the 1995 Constitution came into force are bonafide occupants under Section 29(2)(a) of the Land Act. Such occupants cannot be arbitrarily evicted and their occupation is not unlawful, meaning a trespass claim will fail on the third element.

Kiiza John Paul
Feb 265 min read


While a guilty plea is a mitigating factor, it does not entitle an accused to a drastically reduced sentence, particularly in cases involving grave offences against minors. Court of Appeal Rules.
"The offence of aggravated defilement is a very grave offence whose maximum punishment is death and given the circumstances of this case, the appellant defiled an 8-year-old girl. Despite those circumstances, the learned trial Judge exercised her discretion and spared the appellant the death sentence and she instead sentenced him to 25 years' imprisonment."

Harmony Ritah Owomugisha
Feb 234 min read


''There is absolutely no reasonable justification for a lessee refusing to pay rent while insisting on continued occupation.'' The High Court declares Muwema & Co. to be in wrongful possession.
The Court established that a tenant seeking reimbursement or set-off for works done on leased premises must demonstrate: (a) written contractual authorisation for the works; (b) specific pleading of the expenditure as special damages; and (c) definitive, documentary evidence of actual expenditure (receipts, bank transfers, expert reports). Mere oral testimony, estimated totals, or itemised lists without supporting records will be insufficient.

Waboga David
Feb 217 min read
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