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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To succeed in an application for Judicial Review, an applicant must show that the decision or act complained of is tainted with illegality, irrationality and procedural impropriety. Says Justice Esther Nambayo.

In the case of Abbey Musinguzi T/A Abtex Production V The Inspector General of Police & Attorney General Miscellaneous Cause No. No. 147 Of 2019 Delivered by; Hon. Lady Justice Esta Nambayo on 13th May 2020 Towards the festive season of the Easter period of 2019, the applicants entered into an understanding with Hon. Kagulanyi Robert Sentamu…

September 3, 2020
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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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Court of Appeal Discussed Factors That Occasion An Appeal to the Court

In The Case Of Batesa Malijani V Uganda Criminal Appeal No.69 Of 2018 Supreme Court Of Uganda Coram; Justice Mwangusya, Opio Aweri, Mugamba, Buteera & Nshimye The Appellant was convicted for the offence of murder Contrary to Section 188 & 189 of the Penal Code Act and sentenced to 75 years of life imprisonment. The…

October 23, 2019
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Justices of the Court of Appeal discuss the sentencing guidelines in relation to the years the convict has spent on remand

OKELLO DENIS V UGANDA IN THE COURT OF APPEAL OF UGANDA SITTING AT GULU, CRIMINAL APPEAL NO. 95 OF 2016. The Hon. Justices of the Court of Appeal in their judgment delivered on the 15th day of January 2020 discuss the sentencing guidelines in relation to the years the convict has spent on remand. CORAM;…

March 13, 2020
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A guardianship order with the management of a child’s property ought to be motivated by the overriding requirements pertaining to the child’s best interests, says Justice Stephen Mubiru

In the case of in the matter of an application by Wandera (Family and Children Cause No. 0004 of 2017). Before the Family Court: Guardianship with the management of the child’s property, the applicant must meet additional requirements; – he should be capable of taking control over the child’s real and personal estate and make…

September 24, 2020
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What you need to know about the Mental Health Act 2018

Introduction The Mental Health Act repeals the Mental Treatment Act Cap 249 and provides for; Establishment of the Uganda Mental Health Advisory Board and to provides for its composition, tenure and functions, Mental health treatment at primary health centres, Emergency admission and treatment, involuntary admission and treatment and for voluntary and assisted admission and treatment,…

April 12, 2021
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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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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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