The Discretion Of Court To Grant Bail in the case of Kanyamunyu & 2 Ors V Uganda

Judgment on 10th day of January 2017. The applicants were seeking for bail pending hearing. Brief facts The back ground facts to the application are that the applicants are jointly charged before the Chief Magistrate’s Court of Nakawa criminal case No. AA- 031 of 2016 under section 188 & 189 of the Penal Code Act, Cap…

February 5, 2019
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The existence of an arbitrary act is one of the essential ingredients that have for the offence of abuse of office says the Court of Appeal

In the case of OKORI HENRY OKUMU & 2 OTHERS V UGANDA, CRIMINAL APPEAL NO.013 OF 2017 IN THE COURT OF APPEAL OF UGANDA AT KAMPALA. CORAM; HON JUSTICE ALFONSE OWINY –DOLLO DCJ, ELIZABETH MUSOKE & PERCY NIGHT TUHAISE, judgement delivered on the 20th day of February, 2020. This was an Appeal from the decision…

March 13, 2020
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In the interpretation of the Constitution, all provisions relevant to a particular issue must be looked at as a whole, says the Constitutional Court

In the case of Dr Emmanuel Otala & 3 others V AG. Constitutional Reference No. 0340 of 2010. CORAM; Owiny Dollo, Kenneth Kakuru, Engonda Ntende, Hellen Obura, Muhanguzi JJA. The judgment was delivered on  2nd March 2020. The petitioners were charged with assault and arraigned in court. In the meantime the petitioners also filed a…

April 28, 2020
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The court will be wrong if it grants specific performance to a person with unclean hands, says the Supreme Court

In the Case of NIPUN BHATI &HEMANTINI BHATIA V BOUTIQUE SHAZIM LTD CIVIL APPEAL 179 OF 2015 IN THE COURT OF APPEAL OF UGANDA.  CORAM; JUSTICE OWINY DOLLO, PERCY NIGHT TUHAISE & FREDRICK EGONDA NTENDE. Judgment delivered on the 3rd of March, 2020. This was a case of breach of contract, where the appellant’s late…

May 26, 2020
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High Court expounds on the Jurisdiction of the Magistrate’s Court

In the case of Mansur Sharif & Others V Casablanca Pub, Night Club and Restaurant Limited & Others. Misc. Application. No. 406 Of 2018 arising from HCCS No. 153 Of 2018 Before Hon. Lady Justice H. Wolayo on the 26th February 2019. The plaintiffs sought several orders against the defendants, including declaratory orders that the…

August 26, 2020
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Mere poverty of a plaintiff is not by itself a ground for ordering security for costs says Justice Godfrey Namundi

In the case of Galukande Kiganda Michael V Kibirigge George William & 2 Others. HC Family Division Misc Application No.261 Of 2018 Before: Justice Godfrey Namundi on 03-07-2020. This was an Application by Chamber Summons under Section 98 of the Civil Procedure Act Cap 71, Order 26 Rules 1, 2 & 3 of the Civil…

August 31, 2020
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The Fate of Prisons During Covid19

As the world battles the coronavirus and people observe standard operating procedures (SOP’s), prisoners remain vulnerable and at a disadvantage. The Daily Monitor newspaper of March 24th reported that about 30 inmates escaped prison; 20 from Arua government prisons in March and 11 from Bukwo prisons in July. Some of the recaptured inmates said they…

September 8, 2020
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Press Statement: The High Court Invalidates the Electricity (Establishment and Management of the Rural Electrification Fund) Instrument, S.I. No. 62 Of 2020

For Immediate Release: 25th September, 2020  Centre for Public Interest Law (CEPIL) welcomes the decision of the High Court of Uganda, Civil Division which invalidates the Electricity (Establishment and Management of the Rural Electrification Fund) Instrument, S.I. No. 62 of 2020. In May 2020, the Center for Public Interest Law (CEPIL), a public interest organization…

September 25, 2020
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Understanding the Administration of the Judiciary Act 2020

On 2nd June 2020, the Parliament of Uganda passed the Administration of the Judiciary Act 2020. It was signed into law by the President of Uganda on 19th June 2020. This resulted from lobbying and advocacy by the Coalition in support of the Independence of the Judiciary (CISTICJ). The Coalition includes the Centre for Public…

February 22, 2021
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Justice Stephen Mubiru Clarifies the Law on Civil Imprisonment

What is Detention for a Civil Wrong? Detention in civil prison is competent for failure to pay monetary awards, fines for contempt of court and for willful failure to perform a decree that orders specific performance (a decree ad factum praestandum) where court is satisfied that the non-performance is willful.  There are two reasons why…

October 13, 2018
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