top of page


“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
3 hours ago


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
15 hours ago


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
4 days ago


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 17


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 15


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 9


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 8


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 5


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 5


A DEBTOR MUST MAINTAIN COMMUNICATION WITH THE CREDITOR, PARTICULARLY IN CASES OF FINANCIAL DIFFICULTY, HIGH COURT REAFFIRMS
When a person takes goods or services from another person on credit, it is imperative to keep the communication channels open.

Waboga David
Apr 2


THE COURT OF APPEAL HAS UPHELD THE SUPERIORITY OF MORTGAGE RIGHTS, REINFORCING THAT A VALIDLY REGISTERED SECURITY INTEREST PREVAILS OVER SUBSEQUENT OWNERSHIP CLAIMS.
The Court of Appeal has reinforced the principle that borrowers cannot evade financial obligations through corporate misrepresentation

Sylivia Nandawula
Mar 29


THE SUPREME COURT HAS REAFFIRMED THE PRINCIPLE THAT A TESTATOR'S EXPRESS WISHES, AS OUTLINED IN A VALID WILL, TAKE PRECEDENCE OVER GENERAL LEGAL PRINCIPLES GOVERNING EXECUTOR'S AUTHORITY.
When a will contains specific directives on decision-making processes, those directives override the default requirement for joint executor

Waboga David
Mar 27


HIGH COURT AFFIRMS THAT TESTAMENTARY FREEDOM ALLOWS A TESTATOR TO DICTATE PROPERTY DISTRIBUTION. HOWEVER, FAMILY AGREEMENTS MODIFYING ESTATE DISTRIBUTION CAN BE BINDING IF ALL BENEFICIARIES CONSENT.
Where an Administrator receives a larger share due to external factors, redistribution may be warranted to ensure fairness among beneficiar

Waboga David
Mar 27


THE PROCUREMENT APPEALS TRIBUNAL REAFFIRMED THAT THE EXPIRY OF A BID VALIDITY PERIOD CONCLUDES A PROCUREMENT PROCESS—THE BID IS DEEMED INVALID IN THE ABSENCE OF ANY EXTENSION.
The mere fact that a procurement is funded by a loan and subject to the lender’s procurement guidelines does not oust the jurisdiction of

Rebecca Mutesi
Mar 26


HIGH COURT HAS AFFIRMED THAT A REVIEWED ORDER CANNOT BE RE-REVIEWED—THE DEPUTY REGISTRAR'S DECISION CAN ONLY BE CHALLENGED BY APPEAL AND NOT THROUGH AN APPLICATION UNDER SECTION 98 OF THE CPA.
Section 98 of the Civil Procedure Act applies only in the absence of an express provision governing a matter. Since Order 50 Rule 8 specific

Waboga David
Mar 22


In A Sewer, There’s No Honor—I Would Choose a Thousand Isaac Ssemakadde's To Lead The National Bar Association.
Every man has his follies; and the greatest is to be without any. The persecution (or should I say prosecution) of a sitting President of th

Waboga David
Mar 21


THE SUPREME COURT HAS REAFFIRMED THAT IT LACKS JURISDICTION TO HEAR AN APPEAL ARISING FROM A DECISION OF THE COURT OF APPEAL IN A JUDGMENT ARISING FROM THE INDUSTRIAL COURT
There is no such thing as inherent appellate jurisdiction. Any right of appeal to the Supreme Court from decisions of the Court of Appeal i

Waboga David
Mar 20


HIGH COURT HAS CLARIFIED THAT TAXATION OF INSTRUCTION FEES SHOULD BE BASED ON THE PLEADINGS, JUDGMENTS, OR SETTLEMENTS AND, WHERE NOT ASCERTAINABLE, SHOULD RELY ON PRINCIPLES OF LEGAL COST ASSESSMENT.
The value of the subject matter should be determined from pleadings, judgment, or settlement, but where not ascertainable, discretion must b

Lawpointuganda
Mar 17


THE PROCUREMENT APPEALS TRIBUNAL HAS AFFIRMED THAT THE NON-SUBMISSION OF AN ELIGIBILITY DOCUMENT IS NOT A FATAL FLAW, AS THE P.D.E IS OBLIGATED TO REQUEST ITS SUBMISSION THROUGH CLARIFICATION.
No other evaluation criteria other than that stated in the bidding document can be considered by the evaluation committee during the evaluat

Rebecca Mutesi
Mar 15


INDUSTRIAL COURT AFFIRMS THAT THE DECLARATION OF A HOSTILE WITNESS REQUIRES A DEMONSTRATED DEPARTURE FROM PRIOR STATEMENTS
Where co-defendants have conflicting interests, one may cross-examine the other’s witnesses.

Lawpointuganda
Mar 12


THE SUPREME COURT HAS REAFFIRMED THAT A PERSON CONTRACTING ON BEHALF OF A NON-EXISTENT COMPANY BEARS PERSONAL LIABILITY.
Under Section 33(1)(a) of the Companies Act, a contract is validly executed if signed by an authorized company representative.

Lawpointuganda
Mar 8


HIGH COURT HAS EMPHASIZED THAT AN ARBITRATOR MUST MAINTAIN ACCURATE RECORDS TO PREVENT BIAS ALLEGATIONS-COURTS WILL NOT INTERFERE WITH ARBITRATION AWARDS APART FROM PROCEDURAL IRREGULARITIES.
While the Court does not re-evaluate evidence, it has to ensure that arbitration proceedings adhere to the principles of fairness and due pr

Lawpointuganda
Mar 8


HIGH COURT REAFFIRMS PRINCIPLES OF FAIRNESS AND TRANSPARENCY IN PUBLIC PROCUREMENT PROCESSES—DISQUALIFICATIONS MUST BE JUSTIFIED AND WELL-INVESTIGATED
Procuring entities must ensure that any disqualification or adverse action against a bidder is based on proper investigations and justifiabl

Lawpointuganda
Mar 4


HIGH COURT HAS AFFIRMED THAT STRICT PROOF OF LONG-TERM OCCUPANCY IS REQUIRED TO ESTABLISH A KIBANJA INTEREST – IN A JUDGMENT MERE TEXTUAL SIMILARITIES DO NOT CONSTITUTE JUDICIAL MISCONDUCT
For one to claim an interest in land, he or she must demonstrate that the interest was lawfully acquired from someone who previously had an

Lawpointuganda
Mar 4


HIGH COURT RULES THAT DEFAMATORY STATEMENTS MADE IN PUBLIC FORUMS, SUCH AS WHATSAPP GROUPS, CAN CAUSE SIGNIFICANT REPUTATIONAL DAMAGE.
A defamatory statement is one which has a tendency to injure the reputation of the person to whom it refers by lowering him in the estimatio

Lawpointuganda
Mar 1


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 28


THE OCCUPATION OF GOMA AND ATTACK ON UGANDA’S EMBASSY: AN INTERNATIONAL LAW PERSPECTIVE
The issue of determining whether an area is subject to the laws of occupation or the laws governing armed conflict is complex and often con

Obita Calvin Stewart
Feb 25


HIGH COURT AFFIRMS REQUIREMENTS FOR GIFTS INTER VIVOS AND SUGGESTS ADDING A FOURTH CONDITION TO THE EXISTING LEGAL FRAMEWORK—ANY UNAUTHORIZED ENTRY ONTO THE LAND BY A THIRD PARTY CONSTITUTES TRESPASS.
The court suggested adding a fourth condition to the existing legal framework, on the legal principles governing gifts inter vivos making th

Waboga David
Feb 25


HIGH COURT CLARIFIES THE NATURE OF MORTGAGE TRANSACTIONS & ENFORCEMENT PROCEDURES—WHO HAS THE CAPACITY TO REPRESENT A COMPANY IN AFFIDAVITS—FAILURE TO CITE CASE LAW DOES NOT INVALIDATE THE CASE.
A distinction was not made between an informal mortgage on customary land and an informal equitable mortgage based on an unregistered intere

Waboga David
Feb 22


HIGH COURT CLARIFIES THE REVOCATION AND APPOINTMENT OF A NEUTRAL ADMINISTRATOR WHERE PARTIES FAIL TO AGREE—LAWYERS WHO REPRESENTED THE PARTIES SHOULD BE PAID FROM THE ESTATE'S INCOME.
Upon revocation of probate or letters of administration, High Court has the authority to appoint a new administrator deemed fit and proper

Waboga David
Feb 22


High Court Clarifies the Jurisdiction of Courts in Arbitration-Related Disputes- A Party's Failure to Comply With Contractual Terms Cannot be Used to Justify Non-Payment For Work Already Done.
If parties engage substantially in litigation without raising arbitration objections, courts may find that the arbitration clause has been

Waboga David
Feb 21


HIGH COURT AFFIRMS THAT MONEY LENDING AGREEMENTS THAT LACK STATUTORY COMPLIANCE ARE VOID AND UNENFORCEABLE
The absence of a party’s signature or third-party witness on a loan agreement implies a lack of consensus, rendering the contract invalid.

Waboga David
Feb 20


High Court Clarifies That Job Loss of a Co-Borrower Does Not Frustrate a Salary Loan Contract.
Once a loan offer is accepted by the borrower and communicated to the lender, it becomes legally binding. The lender cannot unilaterally

Waboga David
Feb 19


The Constitutional Court Holds That Election Disputes Must Be Resolved Within the Election Cycle to Ensure Electoral Justice—Delayed Determination of an Election Petition is Unconstitutional.
The Constitutional Court held that the failure to deliver a timely decision deprived the people of Kibuku County of their constitutional rig

Waboga David
Feb 18


The High Court has Ruled That The Uganda Law Society Act Does Not Empower Any Individual or Council To Unilaterally Suspend Elected Members.– Elected Officials Cannot Be Arbitrarily Removed
Justice Ssekaana has held that the Uganda Law Society Act does not empower any individual or council to unilaterally suspend elected members

Waboga David
Feb 14


Kenya's High Court Rules Cousin Relationships Are Not Incest: Lessons for Uganda’s Sexual Offences Bill 2024 Review
Interestingly, Clause 15(3) of Uganda’s Sexual Offences Bill 2024 allows for exceptions where sexual acts between prohibited relatives are

Waboga David
Feb 14


The Supreme Court of Kenya Clarifies Presumption of Marriage Doctrine
An increasing number of adults choose to cohabit without intending to marry. Courts must respect these choices and refrain from imposing

Lawpointuganda
Feb 14


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 5


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

Obita Calvin Stewart
Jan 29


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 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 23


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 21


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 18


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 13


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 12


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

Waboga David
Jan 10


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


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

Waboga David
Jan 7


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.
bottom of page