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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 Affirms That A Registered Proprietor of Land is Entitled to Physical Access to Their Property as a Matter of Law and Equity — Where No Access Is Provided, Courts May Imply An Easement
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

Lawpointuganda
May 164 min read


High Court Enters Judgment in Breach of Tenancy Agreement over Pioneer House Property
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

Waboga David
May 153 min read


High Court Clarifies The Standard for Proving Fraud in Applications for Letters of Administration: Mere Disputes Over Property Disclosure or Marital Status, Without Dishonest Intent, is Not Fraud
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

Waboga David
May 144 min read


High Court Establishes That In judicial review, Naming a Public Body Without Corporate Status is Not Fatal, It Can Be a Correctable Misnomer
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

Waboga David
May 118 min read


Courts will uphold agreements unless they are void for vagueness or offend public policy. A party cannot later recast a clear and operational contract as provisional to avoid performance
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

Waboga David
May 102 min read


Industrial Court Affirms That Prolonged Acting Appointments of an Employee Without Objection and Apparent Qualifications Imply Full Employment, Warranting Full Salary and Terminal Benefits
An employer cannot indefinitely benefit from an employee’s higher-grade service while denying commensurate pay. Equity abhors such exploitation.

Sylivia Nandawula
May 105 min read


High Court Affirms Landowner’s Constitutional Right to Dispose of Property and Rules that Untranslated or Unadmitted Evidence Cannot Be Relied Upon
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.

Waboga David
May 94 min read


High Court Affirms That A Written Retainer Is Not the Only Way to Prove an Advocate-Client Relationship: Courts May Infer It from the Conduct, Communications, and Interactions Between the Parties
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

Cleopatra Abikiira
May 85 min read


The High Court Has Reaffirmed the Legal Principle That a Party Purporting to Represent a Deceased Person’s Estate Must First Obtain Letters of Administration to Acquire the Legal Capacity to Sue.
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.

Waboga David
May 52 min read


Landmark Cases That Shaped Uganda’s Land Law: These Are The Judicial Decisions Every Lawyer & Landowner Must Know
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

Waboga David
May 429 min read


Does Tattooing a Photograph Count as Copyright Infringement? How the Kat Von D Tattoo Case Redefined Copyright Law for Body Art
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

Edgar Okitoi
May 46 min read


Court of Appeal Reaffirms That General Damages May Be Awarded in Wrongful Dismissal Claims, Particularly Where Employability, Dignity, and Future Earnings Are Negatively Impacted.
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.

Waboga David
May 15 min read


REFLECTING ON LABOUR DAY AND THE VALUE OF LEGAL WORK
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

Cleopatra Abikiira
May 12 min read


The First Sale Doctrine in Uganda: Striking a Balance Between Intellectual Property Rights and Secondary Markets in the Digital Era.
The first sale doctrine, also known as the exhaustion doctrine, is a foundational principle in intellectual property (IP) law that governs the rights of owners and consumers over copyrighted, patented, and trademarked goods after their initial authorized sale. This doctrine has evolved over time, shaped by statutory law, judicial interpretation, and the practical realities of commerce across different jurisdictions.
Its core function is to balance the exclusive rights grante

Edgar Okitoi
Apr 307 min read


THE SUPREME COURT REAFFIRMS THAT ONLY PARTIES TO A CONTRACT (OR THOSE VALIDLY ASSIGNED) CAN SUE OR BE SUED ON IT. MERE PERFORMANCE OF A CONTRACT DOES NOT SUBSTITUTE FOR FORMAL ASSIGNMENT OR NOVATION.
Allegations of fraud, especially where fraud vitiates the contract, must be scrutinised by the court. Arbitration cannot cure contracts tainted by fraud or concealment of material facts, as this is contrary to public policy.

Cleopatra Abikiira
Apr 288 min read


Bridging the Innovation Gap: Reforming Uganda’s Patent System for a Stronger Intellectual Property Culture.
A patent grants the inventor exclusive rights to use, sell, or license the invention for 20 years pursuant to Section 45 of the Industrial Property Act Cap 224 in Ugandan Law, encouraging innovation by ensuring financial and reputational rewards, that is of course considering the reward and incentive theories that form the justification of the patent system as David Bainbridge put it.

Edgar Okitoi
Apr 277 min read


“BLOCKCHAIN TECHNOLOGY AS A MEANS TO END FRAUD IN LAND CONVEYANCING”
Blockchain, a decentralised and transparent ledger system, offers secure and verifiable transaction records, which could significantly reduce fraudulent activities in land transactions.
Despite introducing a digital land registry system in Uganda in 2013, land fraud remains prevalent. The paper examines the current land registration practices in Uganda, the persistent issues of fraud, and how blockchain can address these challenges by enhancing transparency, security, and ef

Joshua Morris Byaruhanga
Apr 2619 min read


High Court Reaffirms The Legal Principle That Separated Spouses May Forfeit Their Inheritance Rights, Even if They Remain Married, if They Are Not Part of The Deceased’s Household at The Time of Death
Under Section 30 of the Succession Act, which has now been revised as Section 26 of the Succession Act Cap 268 as amended, a spouse who is no longer a member of the deceased’s household is disqualified from inheriting intestate.
The Court endorsed the interpretation in Elizabeth Nalumansi v. Jolly Kasande, S.C.C.A No. 10 of 2015, which treats separation as a factual, not merely legal issue.
Named beneficiaries in a will are protected, regardless of biological or legal rela

Waboga David
Apr 258 min read


High Court Condemns MTN’s Unilateral Actions for Breaching Contractual Obligations, Engaging in Unfair Competition, and Wrongfully Converting Proprietary Subscriber Data Belonging to VAS Garage Ltd.
Statutory bodies such as UCC must act strictly within their enabling legislation—powers to award monetary compensation must be clearly conferred.

Sylivia Nandawula
Apr 225 min read


HIGH COURT AFFIRMS THAT A CHALLENGE TO ESTATE DISTRIBUTION MUST BE BROUGHT VIA REVOCATION OR AMENDMENT OF THE GRANT. ONE CANNOT CIRCUMVENT THIS THROUGH A TRESPASS SUIT.
A valid gift requires intention, delivery, and acceptance. The law in Uganda does not require such a gift to be in writing, although written documentation provides evidentiary certainty

Waboga David
Apr 174 min read


High Court Affirms That a Purchaser Cannot Rely Solely on Title or Lease Registration When Purchasing Family Estate Property.
Estate administrators are fiduciaries, not proprietors. Any transfer of estate property in contravention of the will or without consideration of beneficiary interests is invalid. Courts will not shield a purchaser who fails to inquire in the face of suspicious or disputed circumstances.

Waboga David
Apr 1510 min read


High Court Clarifies Procedural and Substantive Requirements in Appeals from Magistrates’ Courts
Financial transfers within a romantic or cohabiting relationship are not automatically recoverable unless supported by evidence of contractu

Waboga David
Apr 92 min read


FAILURE TO SUMMON OR INVOLVE PARTIES IN THE CRAFTING OF A CONSENT AGREEMENT MAY NOT BE ILLEGAL, BUT IT IS IRREGULAR —AND CAN RESULT IN THE ORDER BEING SET ASIDE TO PREVENT MISCARRIAGE OF JUSTICE.
A consent order is binding unless obtained by fraud, collusion, mistake, or misapprehension, or if it violates court policy or lacks materia

Waboga David
Apr 83 min read


HIGH COURT AFFIRMS THAT COURTS CANNOT CONFER JURISDICTION UPON THEMSELVES; ONLY PARLIAMENT CAN. HOWEVER, WHERE STATUTORY LAW IS SILENT, COURTS MAY APPLY INHERENT POWERS TO PREVENT INJUSTICE.
Uncertainty is an injustice that may result in oppression. The courts should remedy such a situation by providing certainty of trial.

Waboga David
Apr 53 min read
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