M/s Bandaru & Co. Advocates

31/12/2022

Happy New year. Thank you for standing and supporting us in 2022. We hope for a better 2023 as we come up with new strategies of offering you the best legal services ever. May God bless you all.

09/07/2022

02/05/2022

From us to you is a Happy Eid Mubarak.

04/01/2022

WHAT IS OFFENSIVE COMMUNICATION

Yesterday the police (finally) came out and said that they have a certain award winning writer under arrest for offensive communication. This got us asking ourselves a few questions, what exactly is this offensive communication, can I say something bad and it is offensive communication?

The law (section 25 of the Computer Misuse Act, Act 2 of 2011,) says that Offensive communication is where someone willfully and repeatedly uses electronic communication to disturb the peace and quiet or privacy of someone without any legitimate reason to communicate.
A person who is found guilty of this is liable to a fine of up to UGX 480,000 or imprisonment of up to 1 year or both

In law, every criminal offense has ingredients. These are things that must be proven so that a person is convicted of a criminal offense. For this offense there are 3 elements that must be proven.

1. That there was repeated use of electronic communication
2. That the peace and quiet of a person was disturbed without any legitimate reason. (This means that there was no reason to say something about someone). If you say a person did something and it is true then this person did that thing, then you may be disturbing their peace, but for a genuine reason of highlighting what they did.
3. The accused person must have done that very thing.

Should anything a person be taken as offensive communication?
No, there are things that reasonably cannot be taken as things that disturb the peace and quiet of a person. For example if you tell the world that you do not like a certain person, even if it might make this person unhappy, then this cannot be something that is offensive communication.

When should what you say be taken as offensive by the law? Let us know in the comments.

📷 Tech gaming report

24/12/2021

We thank God for keeping us alive to this day and trusting him for many more to come. Enjoy your Festive Season.

11/12/2021

WHEN SHOULD YOU OFFICIALLY START ANOTHER RELATIONSHIP – (THE STORY OF A PASTOR, A CERTAIN CHURCH MEMBER AND A LAWYER)?

A certain lawyer has sued a certain couple for doing a Kwanjula (traditional wedding) while the man’s divorce case is still before the court. We are not naming any names but let us talk about marriage small, small…

WHAT MARRIAGES DO WE HAVE?
By law in Uganda, if you decide to get married, you can choose from five types of marriage with two major differences.
1. One man, one woman (monogamous)
Church marriage and Civil marriage, which is usually before the Registrar,

2. One man, more than one wife (polygamous)
A customary marriage that is kwanjula, okuhingira, where you can do another Kwanjula for each new wife.

Mohammedan marriage which is Muslim marriage, and Hindu marriage which is marriage between Indians of the Hindu faith. (It also allows polygamous marriages that came before the Hindu marriages Act)

CAN YOU DO BOTH KINDS OF MARRIAGES?

SIMPLE ANSWER: NO! If you went for a ‘one man, one woman’ marriage such as the church marriage, then the law does not allow you to marry someone else while you are still in that marriage. IN FACT, it does not allow you to start dating and having children with that new partner even if you have asked the court to end that first marriage. (This is called divorce).

If you went for a customary marriage, then you can get into another customary marriage without divorcing first. However, you cannot also go for a civil or church marriage with someone else because the two marriages cannot co-exist. If you refuse to listen and go through with it, the law says two things will happen.

1. The new marriage will be ‘air’, (does not exist) in the eyes of the law. (The law calls this null and void). It does not exist.

2. If both of you knew about the previous marriage, then what you have done is illegal and you can be arrested and prosecuted for getting married while you have another marriage existing (This is offence is called bigamy for the married person) therefore it is illegal until the civil or church marriage is dissolved by court that is until court grants divorce.

3. On the other hand, the woman who knows that the man is married is also liable for the offence of Marriage with a person previously married since she knew this marriage had not ended.

4. More specifically it is an offence to marry someone by customary marriage (which is polygamous) when you have a marriage such as civil or church marriage.

5. Both the man and woman are therefore facing up to five (05) years imprisonment if found guilty and convicted.

16/10/2021

SEPARATION OR DIVORCE.

Separation or divorce of couples comes with a lot of dilemmas including how to deal with children where a couple has them. Just like their parents, the children suffer during and after this process. Relationship disputes that involve children usually have conflicts ranging from who has custody of the children, ways the couple is supposed to collaborate to raise the children and the nature of monetary contribution that may be needed from the spouse without custody of the child among others. In law (Constitution), men and women of the age of eighteen years and above have a right marry and to start a family. They are entitled to equal rights in marriage, during marriage and at its dissolution. The law (Children Act) further provides that, the welfare of the child should be the paramount consideration whenever determining any questions related to the children.

This awareness drive will be through a webinar with a panel of specialists and stakeholders in the field of Children matters in Uganda. This will be through a webinar that will bring together panellists from BarefootLaw, Probation and Social Welfare Office and a Senior Practising Advocate majoring in children and family practice.

17/08/2021

“Freedom and justice cannot be parceled out in pieces to suit political convenience. I don't believe you can stand for freedom for one group of people and deny it to others." - Coretta Scott King.

📸 caption: Coretta Scott King and her husband, Martin Luther King lead a black voting rights march from Selma, Alabama.

13/08/2021

WHEN CAN YOU SAY YOUR CONTRACT WAS FRUSTRATED?

We told you about Baku who had a contract with Norman to deliver an outfit everyday, but the lockdown prevented Baku from delivering the outfits for 42 days since the shops were closed and there was no way to get them open. We also told you that Baku could not claim that it was an Act of God. (God does not lockdown economic activities)

WHAT IS FRUSTRATION?

In contract law, the doctrine of frustration, is an excuse that allows a person in a contract to set aside the contract when an unforeseen event either renders that person’s contractual obligations impossible, or radically changes the party's principal purpose for entering the contract. For example, Baku was supposed to deliver an outfit to Norman every day, but the lockdown prevented him from doing so for 42 days. Although it is possible for Baku to ‘figure’ out how to deliver these outfits, it would change the whole contract by making it almost too expensive or require Baku to break the law.

WHEN CAN’T YOU RELY ON FRUSTRATION?

If the event was foreseen by the parties. For example, if there was an official announcement that the shops would be locked on 2 days later, and Baku did not take steps to get the clothes out to give to Norman, then he cannot claim that the contract was frustrated because he could foresee the closure because of the ‘official’ announcement and did not try to carry out his obligations.

If the event was caused by the conduct of the person. For example, if Baku failed to pay rent for the shop and this is the reason why he could not deliver, he cannot claim that the contract was frustrated since his failure to pay rent is what caused his failure to carry out his contractual obligations.

If Baku and Norman agreed in their contract that lockdown would not be an issue and delivery would continue, then Baku cannot thereafter claim that lockdown stopped him from delivering.

24/07/2021

IS YOUR LAND SAFE?

There are a lot of legal problems associated with being under lockdown ranging from Domestic violence, early child pregnancy and loss of property too. During the first wave of Covid-19 that necessitated a lockdown, our country witnessed the above legal challenges and so many more. Painful as it is, we are likely to see some of them re-emerge.

So is your land safe?

It is advisable that you keep being vigilant regardless of the lockdown. If you cannot reasonably visit your land due to the current lockdown restrictions, get a contact close to it and ensure that no illegal activity is taking place. If you are capable, fence it off, build a small structure or grow some crops.
Fraudulent people are not resting.

NOTE: THIS POST IS INTENDED AS A GENERAL STATEMENT OF THE LAW, FOR ADVICE ON ANY LEGAL PROBLEM, FEEL FREE TO CONTACT US THROUGH OUR FACEBOOK PAGE

20/07/2021

Thank you all for getting us to 400 Page Likes.🙏🙏🙏

20/07/2021

Happy Eid Al Adha to our Moslem brothers and sisters.

30/05/2021

Thank you for getting us to 350 Likes. We appreciate your support and request you to invite your friends so as to benefit from our free legal services as well.

27/05/2021

WHAT HAPPENS TO THE DECEASED’S CHILDREN WHEN THEY ARE FROM DIFFERENT PARENTS?

Musoke died last year. 7 children and his 3rd wife survived him. Of the 7 children, only 2 were from his 3rd marriage. In the distribution of Musoke’s property, the surviving wife told the other 5 children to go to their mothers. Unfortunately, all these children are still in school and they would like to know what to do about this?

WHAT DOES THE LAW SAY?

First, the Ugandan succession law says that all children, (born in marriage or not) have the same rights as children of the deceased under the law.

If the deceased, like Musoke, leaves behind a spouse (in this case a wife), then the law gives that spouse priority to apply to manage the property and estate of the deceased (letters of administration (authority to manage the estate of the deceased) before any other person. If such a spouse gets these letters of administration, he/she has a duty to manage and distribute the property of the deceased fairly. Therefore, an unfair distribution of the estate (such as chasing away some children) may be a failure of the spouse’s duty as an administrator of the estate.

To avoid such disputes, we suggest that whenever a spouse is getting letters of administration and there are children that may not be his/hers, the spouse should jointly apply for the letters of administration together with representatives of the other children so all the children’s interests can be catered for.

If there is a will, and this spouse applies for and gets letters of probate (authority to carry out the wishes of the deceased in the will), then he/she should follow the wishes of the deceased as per will.

22/05/2021

CAN I ENSURE THAT MY ‘OTHER’ RELATIVES DO NOT ‘STEAL’ MY PROPERTY LEAVING NOTHING FOR MY CHILDREN AFTER I AM DEAD?

Kisaati last spoke to his relatives when he was 25 years old, and this was because they attempted to steal all the property that his mother left behind upon her death. Unfortunately, someone has told him that they are now on standby since he is 60 years old, yet they are he has his own children and grandchildren. Kisaati wants to know if it is possible to protect his children against these relatives.

CAN KISAATI PROTECT HIS CHILDREN’S PROPERTY?

Yes, he can. The succession law gives Kisaati the option of writing a will in which he can divide and share his property amongst his children (and whoever else he chooses), according to his wishes.
This will be a legally enforceable document that Kisaati can edit from time to time to cater for new children and new property that he may accumulate. Upon death, the will protects your property from being taken over by your relatives by giving the legal ownership of that property to your children.

If you would like to know more about this, or any other legal questions, please feel free to contact us through our Facebook inbox.

20/05/2021

IF EVERYONE AT MY LOCAL COURT KNOWS ME AND I DON’T WANT TO BE ASHAMED, CAN I TAKE MY CASE TO ANOTHER COURT?

Kawalya is a well-respected businessman in his village. However, he has started having disputes with his business partner and girlfriend Ssubi. He has decided to break up and sue her in order to take control of the business. Unfortunately, Ssubi has threatened to reveal all his ‘dirty laundry’ if they make it to court. Kawalya still wants proceed but wants to know if he can go to a far away court to avoid being ashamed among his village mates.

WHAT DOES THE LAW SAY?

According to the law, there are two things that determine where a case may be heard;
1. The amount of money or value of your dispute, Where the dispute arose.

2.If the dispute between Kawalya and Ssubi is for a business worth 25 million, then it will be heard by the Chief Magistrate Court. If either Kawalya or Ssubi’s business is found in Nansana, then they will go to the Chief Magistrate Court that hears cases from Nansana. So, in this case, Kawalya cannot take the case to the Court in Arua district just because he wants to survive the words that Ssubi will utter.

However, if Kawalya is really worried that such words may tarnish his reputation and wants to make sure that this does not happen, it is possible for him to ask court to limit the number of people who are allowed to attend the hearing of the case. The court has powers to allow his request if it feels that he has presented justifiable reasons. For example, recently, court cases have been heard with only the lawyers and media in order to observe the COVID SOPs. Other times, if it is a family matter or one involving a child, the court can exclude everyone who is not involved in the hearing of the case so as to protect the child or reputation of the people involved. All in all, it is not up to the individual, but up to court to decide on this.

18/05/2021

CAN I STOP MY NEIGHBOUR FROM BUILDING A FLAT INFRONT OF MY HOUSE?

Maria won the lottery in 2010 and used the money to buy land where she built a family house for her family. Around Christmas, Mama Joan, Maria’s neighbor decided to build a house on her plot of land to escape the noisy and polluted city centre. Mama Joan plans to build a 3 storied flat that will be looking into Maria home. Maria cannot stomach this since Mama Joan will not only be able to see into her compound but will block any natural light from reaching Maria and her family. Maria is wondering whether she can stop Mama Joan from doing this.

WHAT DOES THE LAW SAY?

By law, a landowner has a right to the surface below and the air above it. However, this ownership does not extend to the clouds or as far down as the earth’s core. The landowner owns at least as much of the space above the ground as he can occupy or use in connection with the land and as for the surface, as long as it does not damage the land, or become a nuisance to the neighbours.

WHAT CAN A LANDOWNER CONSTRUCT?

Before Mama Joan begins construction, it is important to check with the Physical Planning Authority and Building Committee of that District to ensure that the building permit to erect the desired building. For example, if you wanted to build large bungalow in an industrial/commercial area, the building permit may not be given. In addition, if this building is blocking your access to the road, direct natural light or violating one’s privacy or causing a security concern, you can take the complaint to the District /town Physical Planning Authority to help you resolve this issue or stop a person from erecting a building that violates your rights.

If you would like to know more about this, or any other legal questions, please feel free to contact us through our Facebook inbox.

16/05/2021

ARE EMPLOYEES ON TRIAL BASIS ENTITLED TO PAY?

One of our readers asked a question about employment on trial basis. She asked if it is legal for employees to not get paid their first three months of work while they are on a trial basis?

In law, what is sometimes called a trial period is known as probation. Most employers prefer to start off with a trial period or on trial basis after which they confirm the contract or choose not to keep the employee. However, during this period, an employee on trial basis is still entitled to all the rights that an employee who is not on probation is entitled to.

For example, they are entitled to paid leave that they accumulate, and to salary for the work they are doing for each of the months they work. It is illegal to retain their salary for the first three months. It does not matter whether they are full time or part time, they remain entitled to their salary. The employment on trial basis must still be in writing and specify the time that the employee will be on trial basis (probation).

Furthermore, when the period ends the employer must make sure that they communicate the next step to the employee. If they do not communicate, the law will take it that the contract of the employee has been confirmed.

If you would like to know more about this or any other legal questions please feel free to contact us through our Facebook inbox.

13/05/2021

From us to you

12/05/2021

WHAT IS THE RIGHT TO A FAIR HEARING?

Under The Constitution every person has the right to a fair, speedy and public hearing before an independent and impartial court or tribunal. This is in regards to both civil cases and criminal charges. This right is essential to justice being done but can easily be abused (especially in criminal cases).

Along with other considerations, every person charged with a criminal offence is supposed to be;

1. Presumed innocent until proven guilty,
2. Informed in a language he/she understands of the nature of the offence
3. given enough time and facilities to prepare a defence
4. allowed to appear before court in person or by a lawyer
5. given an interpreter if that person cannot understand the language used at trial.
6. allowed to examine witnesses and to obtain other witnesses before court.

With these considerations in mind, have you ever been denied your right to a fair hearing?

09/05/2021

Happy mother's day to you all.

01/05/2021

WEEKEND LEGAL TIP.

What is the legal duration of police custody under the 1995 Constitution of Uganda?

48 hours maximum

The Ugandan constitution states a person arrested shall be brought to court not later than 48 hours from the time of her/his arrest. The period runs from the arrest of the person, and if no charges are brought against the person arrested at the end of that period the person shall be then released.

The magistrate before whom the accused person first appears after the expiration of the custody period shall release that person on bail:

If the accused person has been remanded in custody before trial commences for a continuous period exceeding:
a) 480 days in case of an offence punishable by death;
b) 240 days in case of any other offence;
c) Unless the accused person has been committed to the High Court for trial before the expiration of that period.

ENJOY YOUR WEEKEND.

27/04/2021

Thank you for getting us to 200+ likes. We appreciate your support and will keep serving you in the best way we can.

26/04/2021

Meet Angundaru Lillian a Lawyer at M/s Bandaru & Co. Advocates.

26/04/2021

Meet Musema Sllensir a Lawyer at M/s Bandaru & Co. Advocates.

19/04/2021

Meet Young Boniface a Lawyer at M/s Bandaru & Co. Advocates

19/04/2021

Meet Senior Counsel Bandaru Daisy Patience, Our beloved Team Leader and founding partner M/s Bandaru & Co. Advocates

11/04/2021

We thank you all for trusting us in our twelve years of effective legal practice in Uganda. To show our gratitude, we have created this social media platform to update you on all necessary legal tips to get along with.

Please share and don't let your family and friends miss every content from our professional Lawyers.

Thank you.