Lawpoint Uganda

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.

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.

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.

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

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.