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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.
High Court Finds the Disqualification of Nattabi Margaret from the Makerere University Students’ Guild Election Unlawful for Breach of Natural Justice and the Right to a Fair Hearing
FACTS Nattabi Margaret, the Applicant, applied and was successfully nominated as a candidate for the 89th Guild Presidential elections at Makerere University on 31st March 2023. On 4th April 2023, she was invited by the Mitchell Hall Students’ Common Room to participate in a panel discussion on 5th April 2023, as is customary prior to guild elections, to update students on the prospects of renovating hall infrastructure. The Applicant attended and addressed students on 5th Ap
Harmony Ritah Owomugisha
Feb 106 min read
Non-financial Contribution by Employees, Without Evidence of Common Intention, Cannot Ground a Constructive Trust. Court of Appeal Clarifies the Limits of Judicial Review and Constructive Trust Claims
The Court reaffirmed the settled distinction between appeal and review: “The power to review is not an appeal in disguise… A distinction is drawn between an erroneous decision and an error apparent on the face of the record.” An error apparent is one: “Which stares one in the face without any elaborate argument being needed for establishing it.”
Waboga David
Dec 14, 20258 min read
Once a lease is registered, Uganda Land Commission’s role ends. High Court at Kampala Quashes ULC's Decision to Rescind Lease and Deny Consent to Transfer.
The Court found that ULC had absolutely no power to rescind a lease once it had been registered under the RTA. “Once the respondent issues a lease and the lease is registered on the title, the respondent does not have the powers to rescind or cancel that lease.”...“There are procedures by which land under the RTA may be de-registered… Failure to comply renders the decision a nullity.”
Waboga David
Nov 26, 20256 min read
“A successful litigant against the Government can only enforce judgment through a certificate of order, not attachment or execution under Section 38 CPA.” Reaffirms the Court of Appeal of Uganda
Once a judgment is entered, the trial court cannot revisit it except through review or appeal: “The general principle is that as soon as a judgment or order is pronounced, the court becomes functus officio.”
Waboga David
Nov 5, 20255 min read
HIGH COURT QUASHES NRM ELECTION TRIBUNAL DECISION IN BUSIKI CONSTITUENCY – REINSTATES APPLICANT AS NRM FLAG BEARER
The Court found that the Registrar acted without jurisdiction when he rescinded the Applicant’s declaration after duly declaring results. Once he declared a winner, he became functus officio.
“I find that the NRM District Registrar acted illegally when he rescinded the declaration of the Applicant to declare the 2nd Respondent as NRM Constituency Flag bearer... because he did not have such powers and he was functus officio.”
The Court agreed with the Kenyan Supreme Court prec
Waboga David
Oct 21, 20255 min read
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