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Waboga David
5 days ago
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.

Obita Calvin Stewart
Jan 29
THE TRIAL OF CIVILIANS IN MILITARY COURTS: A GLOBAL PERSPECTIVE AND THE UGANGAN CONUNDRUM
Several key cases have shaped the jurisprudence on whether military courts can try civilians. These cases reflect global opposition to the p


Waboga David
Jan 25
The High Court Has Clarified Key Legal Principles Regarding Land Ownership, Possessory Rights, and The Administration of Public Land in Uganda.
Statutory leases previously granted to urban authorities under Article 286 ceased, but Article 237(5) and (6) allowed for their conversion t


Waboga David
Jan 23
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 21
INDUSTRIAL COURT SETS CLEAR RULES FOR EMPLOYMENT REDUNDANCY TERMINATIONS: WHAT THIS MEANS FOR EMPLOYERS AND EMPLOYEES
The court emphasized that redundancy is not about fault but about business needs. However, fairness demands transparency, consultation, and


Waboga David
Jan 18
High Court Warns Lawyers to Avoid Citing Repealed Laws Following the 7th Revised Edition of Uganda’s Principal Legislation-Timely Filing of Affidavits in Reply.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 13
Constitutional Court Reaffirms That Its Jurisdiction Is Limited to Constitutional Interpretation, Not Individual Rights Enforcement
The court highlighted the distinction between enforcing constitutional rights and interpreting the Constitution. As noted in Tinyefuza v AG,


Waboga David
Jan 12
The High Court Affirms That Delayed Assertion of Ownership Rights Can Undermine Claims, Especially When The Original Owner is Deceased.
It was the court's observation that, the plaintiffs had not acquired any valid interest in the land. As mere caretakers, they could neither


Waboga David
Jan 10
A Purchaser Cannot Claim Ownership or Seek Equitable Remedies Based on Unilateral Actions Undertaken Without Fulfilling Their Contractual Obligations, High Court Affirms.
While equity grants the purchaser an interest in the property upon execution of a sale agreement, this is contingent on compliance with cont


Waboga David
Jan 10
When the Gavel Falls Silent: How the Ugandan Judiciary Silence on Attorney General v Kabaziguruka Reflects a Betrayal of the Social Contract and the Rule of Law
Without decisive action, the dominoes of impunity will continue to fall, and the Judiciary will be remembered as the force that gave them th


An Overview of Evidence II: Document, Judicial Notice, Estoppel, Witnesses, and Burden of Proof.
Whether you're a seasoned lawyer, a budding law student, or simply curious about the inner workings of Uganda’s legal system, understanding


Waboga David
Jan 7
ARE LAWYERS STILL SAFE REPRESENTING CLIENTS IN UGANDA’S GENERAL COURT MARTIAL? A QUESTION OF CONTEMPT FOR JUSTICE OR CONTEMPT OF COURT?
It is high time we confronted the elephant in the room. The safety of lawyers in the General Court Martial and the integrity of the justice

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.

CASE BRIEF OF HERITAGE OIL AND GAS LTD V UGANDA REVENUE AUTHORITY CIVIL APPEAL NO.14 OF 2011
Tax Appeals Tribunal cannot refer disputes before it for arbitration even if the parties had an already existing agreement that permits it


Waboga David
Dec 31, 2024
High Court Clarifies That the Mandatory Writing Requirement for Contracts Exceeding 25 Currency Points (UGX 500,000) Is Flexible Under the Contracts Act in Uganda.
The court clarified that while written agreements for contracts exceeding 25 currency points are strongly recommended to simplify proof of a

Waboga David
Dec 29, 2024
CASE BRIEF: High Court Affirms That Joint Registration of Property Signifies the Parties' Mutual Intent to Co-Own.
The default principle for distributing matrimonial assets is equal sharing, unless there are valid reasons to depart from this standard, suc


Waboga David
Dec 27, 2024
Top 20 Legal Books Every Lawyer Should Read.
A reader lives a thousand lives before he dies . . . The man who never reads lives only one.

![HERITAGE OIL & GAS LIMITED Vs UGANDA REVENUE AUTHORITY, HC [Commercial Division]; Civil Appeals No. 0023 of 2011 & No. 003 of 2012 (CONSOLIDATED)](https://static.wixstatic.com/media/45446b_cf988b86632a4eec995c67abc346a7ac~mv2.jpg/v1/fill/w_267,h_267,fp_0.50_0.50,q_90,enc_auto/45446b_cf988b86632a4eec995c67abc346a7ac~mv2.webp)
Aryamanya Rodrick
Dec 24, 2024
HERITAGE OIL & GAS LIMITED Vs UGANDA REVENUE AUTHORITY, HC [Commercial Division]; Civil Appeals No. 0023 of 2011 & No. 003 of 2012 (CONSOLIDATED)
The phrase “interest in immovable property” is neither defined in the Income Tax Act, Cap. 338 nor the Petroleum (Exploration and Production


Mbabazi Cindy Patricia
Dec 20, 2024
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.


Lawpointuganda
Dec 16, 2024
Constitutional Court Grants Leave to Amici Curiae in Divorce Act Petition.
A perusal of the intended brief further shows that it is grounded in the law, does not amount to fresh evidence or a new cause of action, do

Lawpointuganda
Dec 13, 2024
New Guidance on Bail for Capital Offences Issued by the Principle Judge
Magistrates Courts are no longer permitted to release accused persons in capital cases on remand beyond 180 days.

Lawpointuganda
Dec 12, 2024
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 11, 2024
Court of Appeal Declares Appeal Incompetent Due to Procedural Errors and Counsel's Lapses.
While the appellant's constitutional right to appeal was technically upheld, the decision to strike out the appeal demonstrates how procedur

Lawpointuganda
Dec 10, 2024
High Court Affirms that a Market Stall Can Qualify as Matrimonial Property: A Case Analysis on Spousal Consent, Contribution, and Ordinary Residence
A person absenting himself or herself temporarily from his or her place of ordinary residence cannot by reason thereof cease to be ordinaril


Lawpointuganda
Dec 10, 2024
Singapore High Court Ruling on Trustee's Duties and When Some Acts Will Be Invalidated.
The exclusion of two other individuals from the Trust was invalid as it was done with improper motives and was contrary to the purpose of


Lawpointuganda
Dec 9, 2024
HOW TO BRIEF A CASE.
A case brief is a dissection of a judicial opinion -- it contains a written summary of the basic components of that decision.


Lawpointuganda
Dec 8, 2024
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
Nov 10, 2024
Intellectual Property and Privacy in the Digital Age: The Case of Mr. Baltasar Ebang Engonga
Intellectual property (IP) laws protect creators’ rights over their work, from traditional media to private digital recordings. The case of

Lawpointuganda
Nov 7, 2024
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, 2024
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

Obita Calvin Stewart
Oct 9, 2024
UGANDA AT 62: THE EVOLUTION OF THE RULE OF LAW POST-INDEPENDENCE
As Uganda celebrates 62 years of independence, the journey of the rule of law reflects both the triumphs and trials of the nation’s legal

Lawpointuganda
Oct 8, 2024
THE FAIRY TALES IN UGANDA’S MOTOR THIRD PARTY INSURANCE POLICY; THE UNATTAINABLE GOAL OF THE CURRENT MOTOR VEHICLE INSURANCE (THIRD PARTY RISKS) ACT
The strict interpretation of this provision is manifest in decided cases for example in the case of Agua Plumbing (U) Ltd v United Assurance


Lawpointuganda
Sep 30, 2024
CONSTITUTIONAL INTERPRETATION OR RIGHTS ENFORCEMENT? A CLOSER LOOK AT THE LEGAL BRAIN TRUST V. ATTORNEY GENERAL, 2021 RULING
From the above jurisprudence, it can be discerned that certain rights violations can be straightforwardly addressed through factual determin


Obita Calvin Stewart
Sep 27, 2024
THE RISE OF FINTECH IN UGANDA: FINANCIAL INCLUSION OPPORTUNITIES, AND CHALLENGES
When fintech first emerged in the 21st century, it primarily focused on the backend systems of established financial institutions like banks


Lawpointuganda
Aug 1, 2024
How can lawyers effectively leverage AI tools to enhance their practice while ensuring the security and privacy of sensitive client data?
Join us this Friday for an insightful discussion on the intersection of AI, law, and data privacy


Lawpointuganda
Jul 19, 2024
Will Competition Law influence the Gig Economy in the East African Region? Join Our Inaugural Webinar! As We Navigate the Regulatory Landscape.
Catch up on what you missed about the Competition Law Webinar by checking out the recording .


Lawpointuganda
Jul 7, 2024
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, 2024
Can a Beneficiary Sell a Deceased's Estate Without Letters of Administration? A Case Analysis of Muyingo & 3 Ors v Kakembo
The general position of the law is that without grant of letters of administration, no person has any right whatsoever to sell or otherwise


Lawpointuganda
Jul 6, 2024
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, 2024
The Constitutional Court Reaffirms The Balance Between The Rights of Tenants By Occupancy And Those of Registered Land Owners: Nampewo & Another v Attorney General
Clearly, the registered owner cannot compensate the tenant by occupancy for taking back his land on breach by the tenant of the provisions


Waboga David
Jun 26, 2024
Court Delivers Landmark Decision on Exclusive Distribution Agreements, Clarifying The Legal Framework for Commercial Contracts : Translink Limited vs Chemi & Cotex Industries Limited (Tanzania)
Generally, a distributor operates at his own risk and in his own name. An agent, on the hand, is an intermediary who procures business for a


Lawpointuganda
Jun 25, 2024
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 23, 2024
The Defence of Claim of Right Must Be Qualified: Asiimwe v Uganda (Criminal Appeal 132 of 2020)
The court addressed the defense of claim of right under Section 7 of the Penal Code Act, which requires honesty and lack of intention to def


Lawpointuganda
Jun 21, 2024
Uganda Supreme Court Rules Written Agreements Presumed Final and Binding: Kavuya & 2 Others v Wakanyira.
A party is estopped from contradicting their own written agreement


Lawpointuganda
Jun 20, 2024
Mpumwire Magambo v Amanda Magambo: Court Orders Exhumation for DNA Paternity Testing as Last Resort
First it is presumed that a decently buried body should remain undisturbed where it was placed unless good reason is given to exhume it


Lawpointuganda
Jun 20, 2024
CRIMINAL LAW: (CRIMINAL APPEAL) IDENTIFICATION BY A SINGLE IDENTIFYING WITNESS)
The test for correct identification in a criminal trial was articulated in the locus classicus case of Abdalla Nabulere & Anor. When the pro

Lawpointuganda
Jun 20, 2024
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 12, 2024
Determining the Rightful Owner: A Legal Breakdown of Zenith Agro Services Limited vs Departed Asian Property Custodian Board & Another Civil Suit No. 18 of 2021.
Therefore for court to determine the registered proprietor of the suit land it’s prudent for court to examine the certificate of title with

![The Elements of a Valid Contract: Insights from Greenboat Entertainment Ltd Vs City Council of Kampala. (HCT-00-CC-CS 580 of 2003) [2007] UGCommC 21 (26 February 2007).](https://static.wixstatic.com/media/45446b_ac6a2f9b605c4a6e9fb33e0da065170d~mv2.jpg/v1/fill/w_268,h_267,fp_0.50_0.50,q_90,enc_auto/45446b_ac6a2f9b605c4a6e9fb33e0da065170d~mv2.webp)
Lawpointuganda
Jun 10, 2024
The Elements of a Valid Contract: Insights from Greenboat Entertainment Ltd Vs City Council of Kampala. (HCT-00-CC-CS 580 of 2003) [2007] UGCommC 21 (26 February 2007).
To understand whether the renewed contract was valid its vital to appreciate the formalities under which a contract can be made, a contract

![Locus Standi and Sufficient Interest in Litigation: A Legal Analysis of Male Mabirizi K. vs. Deputy Speaker of Parliament & Attorney General (Misc Cause 33 of 2023) [2024] UGHC 416.](https://static.wixstatic.com/media/45446b_8ae37cba334e448aa36cdb044293a51f~mv2.jpg/v1/fill/w_268,h_267,fp_0.50_0.50,q_90,enc_auto/45446b_8ae37cba334e448aa36cdb044293a51f~mv2.webp)
Lawpointuganda
Jun 10, 2024
Locus Standi and Sufficient Interest in Litigation: A Legal Analysis of Male Mabirizi K. vs. Deputy Speaker of Parliament & Attorney General (Misc Cause 33 of 2023) [2024] UGHC 416.
A party lacking direct or personal interest in a judicial review action cannot initiate proceedings in the absence of such interest.
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