Failure to grant an injunction might comprise the applicant’s ability to assert their claimed rights over land.

High Court: Mugumya Brian (suing as the Administrator of the Estate of the Late Regina Katahirima) v Deox Tibeingana and Others (Miscellaneous Application No. 1304 of 2020) before Hon Justice Alexandra Nkonge Rugadya The applicants were seeking an order restraining the respondents from evicting the applicant, his caretakers, agents and employees from the building situated…

December 3, 2020
No Comments
An Appeal coming from the High Court should ordinarily lie in the Court of Appeal, says Hon Justice Kisaakye

In the case of Male H. Mabirizi V The Kabaka Of Buganda, Civil Application No.28 Of 2019 In The Supreme Court Of Uganda. CORAM; HON. JUSTICE KISAAKYE judgment delivered on the 18th day of June 2020. This was a case where the Applicant contested the Respondent’s action of collecting ground rent from official mailo landowners….

July 10, 2020
No Comments
Government is responsible for providing maternal health care services to uphold the right to health says Justice Cheborion Barishaki in the case of Center for Health, Human Rights & Development & 3 Others V Attorney General, Constitutional Petition No.16 of 2011

CORAM; HON. JUSTICE CHEBORION BARISHAKI, Judgement delivered on the 19th of August 2020. This was a petition which challenged governments omission to adequately provide basic maternal health care services in public facilities as a violation of the right to health and that it is inconsistent with and in contravention of the constitution. The respondent argued…

December 3, 2020
No Comments
What you need to know about the Illiterate’s Protection Act, Cap 78

Introduction This Act was revised and consolidated by the Law Reform Commission of Uganda and last updated on 31 December 2000. This is the law for the protection of illiterate persons Major Highlights of the bill The Act provides for the verification of the signature of illiterates. It stipulates that no person shall write the…

June 30, 2021
No Comments
Justice Tibatemwa-Ekirikubinza Discusses Powers Of A Commissioner Regarding Land Title Cancellation

Case Of Hilda Wilson Musoke & Others V Owalla’s Home Investment Trust EA Ltd And Commissioner Land Registration. Supreme Court Civil Appeal No. 15 Of 2017. In her judgment delivered on the 25th April 2019, Hon Justice Tibatemwa Ekirikubinza discussed the powers of a Commissioner Land Registration to cancel title. In this appeal, the Commissioner…

May 25, 2019
No Comments
What amounts to aggravated defilement?

Uganda V Orem Nicholas Criminal Session  No. 459 of 2010. Lady Justice Flavia Senoga in her judgment delivered on 1.10.2013 discusses the ingredients of aggravated defilement to include; There was unlawful sexual act committed The victim of the offence was below 14 years of age at the time of the offence The accused person is…

January 17, 2020
No Comments
Court Awards Payment of Retirement Benefits

Industrial Court: Court awarded Mr James Kamiza Ugshs. 4,320,000 and 8% interest from the date of retirement till payment in full for his continuous services to North Bukedi Cotton Company Limited for 18 years. This award arises from James Kamiza Vs North Bukedi Cotton Company Ltd, Labour Dispute Reference No. 103 of 2015. The claimant,…

August 26, 2020
No Comments
Justice Ssekana Musa defines what amounts to defamation in the case of Best Kemigisha V Red Pepper Publications Ltd

Civil Suit No.162 Of 2012. The Judgment Was Delivered On 13th March 2020 This case discusses what amounts to defamation. On the 24th May, 24th May and 6th June 2012, the defendant published a front-page headline stories in its publication, The Red Pepper, entitled “Tooro Queen Mother Arrested in USA” “Queen Mother still missing” and…

April 8, 2020
No Comments
Cohabiting is not marriage according to the law regardless of the years spent says the High Court

In the case of BARYAMUREEBA JAMES V KABAKONJO & 6 OTHERS, CIVIL SUIT NO. 20 OF 2013 IN THE HIGH COURT OF UGANDA AT KABALE. CORAM; HON.DR. JUSTICE HENRY PETER ADONYO, Judgement delivered on the 17th of January, 2020. This case involved a dispute as to family land. The Plaintiff, in this case, stated that…

June 2, 2020
No Comments
The Succession (Amendment) Bill, 2018, is being considered by Parliament once again.

The Bill addresses a gap in the current law on succession in Uganda. The Constitutional court identified this in the Petition filed by Law Advocacy for Women in Uganda against the Attorney General, Constitutional Petitions No. l3/05 and 05/06. In this case, the Constitutional Court declared provisions of the Succession Act, Cap 162 relating to…

June 16, 2020
No Comments