A decree is not only personal but binds the assignees or representative of the judgment debtor and is enforced in rem says Justice Henrietta Walayo in the case of Dr Simon Sentumbwe v Nicholas Golooba, (Miscellaneous Application No. 639 Of 2019) [2020]

UGHCEBD 3 (September 1 2020); before Hon. Lady Justice Henrietta Wolayo Gulooba sued Patrick Sentongo for trespass upon a road reserve and encroachment on his property comprised in Kyadondo Block 23 Plot 777 at Lukuli. The court, in that case, determined that Patrick Sentongo had encroached on the road reserve and ordered him to compensate…

December 3, 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
It is unconstitutional for Parliament to use its powers to enact legislation which has been prohibited by the Judiciary

Says Justice Cheborion in the case of Human Rights Network Uganda & 4 Others V Attorney General, Constitutional Petition No.56 Of 2013 in the Constitutional Court of Uganda at Kampala. CORAM; HON. JUSTICE CHEBORION BARISHAKI, Judgment delivered on the 26th of March 2020. This petition was brought under Article 137 of the Constitution of the…

October 5, 2020
No Comments
What you need to know about the Anti-Money Laundering (Amendment) Act, 2017

Objective An Act to amend the Anti-Money Laundering Act, 2013, to harmonise the definitions used in the Act; to provide for the carrying out of risk assessments by accountable persons; to provide for the identification of customers and clients of accountable persons; to provide for procedures relating to suspicious transactions; to harmonise the record-keeping requirements…

September 28, 2020
No Comments
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
No Comments
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
No Comments
An illegality can be raised at any time before a court of law, says Justice Bashaija

In the case of Musoke Mike & Another V Kalumba James Revision Cause No: 09 Of 2019. Before: Hon. Mr Justice Bashaija K. Andrew on 15/05/2020 Musoke Mike and Mubiru Vicent (hereinafter referred to as the “Applicants”) jointly brought this application against Kalumba James (hereinafter referred to as the “Respondent”) under Section 83 and 98 of the…

September 24, 2020
No Comments
The absence of a nexus between the failure to perform at a music show and a violation of the freedom of expression leads to a dismissal says Justice Hellen Walayo

In the case of Hon. Robert Kyagulanyi Sentamu T/A Bobi Wine V Kampala Metropolitan Police Commander Frank Mwesigwa & Attorney General Misc. Cause No. 313 Of 2017. CORAM; HON. JUSTICE HELLEN WOLAYO, Judgement delivered on 10th May 2019. This case was brought under Article 50 of the Constitution, which gives the High Court jurisdiction to…

September 22, 2020
No Comments
What you need to know about the Data Protection and Privacy Act, 2019

Introduction Uganda was the first East African country to recognize privacy as a fundamental human right, as enshrined in article 27 of the 1995 Uganda Constitution as well as in regional and international laws. The Data Protection and Privacy Act, 2019 aims to protect individuals and their data by regulating the processing of personal information…

September 22, 2020
No Comments
The positions of Judgments of Court cannot be reviewed or scrutinized by any arm of Government says Hon Justice Bashaija

In the case of Baligobye & 2 Others V Attorney General & 3 Others In The High Court Of Uganda (Miscellaneous Cause No. 376 Of 2019) [2020] Ughccd 43 (7 February 2020); CORAM; HON JUSTICE BASHAIJA. K. ANDREW, Judgment was delivered on 7 February 2020. This was a public interest case brought by the Applicant…

September 11, 2020
No Comments