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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.
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
40
HIGH COURT CLARIFIES THE PRINCIPLES ON THE STAY OF EXECUTION IN MONETARY JUDGMENTS — UNDER ORDER 43 Rule 4(3) OF THE CIVIL PROCEDURE RULES.
Courts are inclined to maintain the balance between preserving the appellant’s right of appeal and protecting the respondent’s entitlement t
Waboga David
Apr 55 min read
237
The Supreme Court has reinforced the principle that appellate courts cannot substitute their own findings when a case has never been heard on its merits.
The Supreme Court referenced its previous decisions which affirm that courts must allow a full hearing where preliminary objections have be
Lawpointuganda
Feb 283 min read
36
The Court of Appeal has emphasised that it cannot grant an injunction or stay over an interest in land it has already determined to be non-existent.
The court emphasized that it cannot grant an injunction or stay an interest in land that it has previously determined to be nonexistent.
Waboga David
Feb 53 min read
25
High Court Clarifies the Use of Originating Summons in Legal Proceedings.
It was held that Originating Summons is not a procedure suitable for resolving disputed questions of fact or cases requiring considerable am
Waboga David
Jan 232 min read
101
High Court Warns Lawyers to Avoid Citing Repealed Laws Following the 7th Revised Edition of Uganda’s Principal Legislation-Timely Filing of Affidavits in Reply.
The court emphasized that affidavits should be filed before the hearing of the motion, but the law is silent on the exact timing. In this ca
Waboga David
Jan 183 min read
79
Case Brief Of Hon. Michael Kabaziguruka Versus Attorney General Constitutional Petition No. 45 Of 2016
Civilians can be subject to military law where they are charged with aiding and abetting serving UPDF Officers to commit service offences.
Mbabazi Cindy Patricia
Jan 63 min read
342
A Case Brief Of 2nd Lt. Ogwang Ambrose v Uganda (Criminal Appeal 48 of 2021) (2024) UGSC 45 (11 December 2024)
Military courts do not confer jurisdiction upon civilian courts unless explicitly provided for by statute.
Mbabazi Cindy Patricia
Dec 20, 20243 min read
44
High Court Defines Grounds for Setting Aside Ex Parte Judgments: Advocate Negligence, Fraud, and Due Diligence in Land Disputes.
Courts are empowered to make orders to serve the ends of justice, including setting aside ex parte decrees if the applicant demonstrates suf
Lawpointuganda
Dec 12, 20243 min read
84
Advocate Denis Kusaasira Champions the Radical New Bar Democratization Process.
Together, we must stand united in defending the principles of fairness, democracy, and transparency,
Lawpointuganda
Dec 8, 20241 min read
100
High Court Reaffirms Limitation Period in Land Recovery Cases.
In examining the question as to whether a suit is barred by limitation, reference is made to the plaint and the annexures thereto.
Lawpointuganda
Nov 7, 20243 min read
311
High Court Affirms Trial Magistrate’s Decision to Deny Costs in Favor of Promoting Reconciliation Between the Parties.
costs follow the event" is not a rigid rule mandating costs for the successful party
Lawpointuganda
Nov 7, 20242 min read
62
The Procedure of Mailo Land Conversion to Freehold And When to Raise an Issue Regarding the Cause of Action? An Analysis of Zalwango & 2 Others v Ladha & 8 Others
In determining whether a plaint discloses a cause of action, the court must solely consider the plaint and its annexures, if any, and no oth
Lawpointuganda
Jul 7, 20244 min read
112
High Court Affirms The Law on Abuse of Court Process: Wamboya & 2 Others v Wamboya (Miscellaneous Application 227 of 2023)
The litigants in this matter have so far filed several petitions and applications which in effect arise out of the same subject matter, ye
Lawpointuganda
Jul 6, 20242 min read
68
High Court Reaffirms Legal Principle: Donee of Power of Attorney Acts as Agent of Donor (Principal) in Ms Kimanje Nsibambi Advocates v Tamale and Another.
A Power of Attorney is an instrument in writing that specifies a Donor (the
Principal)ontheonehand,andaDonee(theagent)on the other hand
Lawpointuganda
Jun 25, 20243 min read
59
CIVIL PROCEDURE: (Enlargement of Time for Filing an Appeal)
In an application for enlargement of time to file an Appeal, the discretion to open or not open the gates of Court is vested in the Court.
Lawpointuganda
Jun 20, 20241 min read
38
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