Onyango & Co.Advocates

31/08/2023

The High Court of Uganda recently delivered a judgement on matters pertaining to music copyright.

Below, we present a concise overview of some key insights from the judgement.

28/08/2023

🚨
To enjoy a tax exemption under Sect. 2(b) of the Income Tax Act Cap 340, one must apply for a tax exemption certificate from URA.

24/08/2023

Where any artwork is solely created by generative artificial intelligence, such work is not copyrightable!

19/08/2023

On this
we too salute the courage and dedication of humanitarian aid workers everywhere and we celebrate their unwavering dedication to serve all people in need; no matter who; no matter where; no matter what.

09/08/2023

A power of attorney is a document executed to authorize one person to act on behalf of another for a specific task or activity.

The donner/principal always has the will to revoke the power at any time.

However, it's also possible for such donner not to have such authority of revocation.

01/08/2023

The celebrations are still on!
We too join the rest of the world to congratulate the Kabaka of Buganda upon reaching his 30th Coronation.

Wangaala ayi Ssabasajja

21/07/2023

Uganda Registration of Service Bureau (URSB) has struck 875 companies off the register of companies in accordance with Sect. 134(5) & (6) and of the Companies Act, 2012.

15/07/2023

Standard Chartered Bank has agreed to sell it's shareholding in it's subsidiaries in sub-saharan countries including Angola, Cameroon, Gambia and Sierra Leone to Nigeria's Access Bank.

It will also sell it's consumer, private and banking business in Tanzania to Access Bank, a subsidiary of Access Holdings.

Standard Chartered said on Friday it has reached an agreement to sell its subsidiaries in five sub-Saharan African countries to Nigeria's Access Bank, putting into motion a plan announced last year to divest those businesses.

04/07/2023

Recently, the High Court of Kenya held that any judgement made under small claims that is delivered beyond or out of the statutory timelines is a nullity, bereft of any force or effect in law.

In Uganda, small claims are governed by the Judicature(Small Claims Procedure) Rules 2011.

Rule 27 of these Rules requires a judicial officer to give judgement immediately after the hearing or within 14 days after the hearing of the case.

21/06/2023

A father is the epitome of strength and courage, patience and affection.

Warm wishes on Father’s Day to you and your family.

20/06/2023

DID YOU KNOW 🚨: Parental responsibility exists only before a child attains 18 years of age.

However, courts have the power to extend the same under special or exceptional circumstances!

13/06/2023

The Uganda Human Organ Donation and Transplant Act was recently assented to by the President and among others its aimed at protecting donors and their organs, tissues, etc.

The Act has therefore made consent a mandatory requirement before any transplant is conducted.

09/06/2023

Today we remember our nation's heroes, whose bravery and sacrifice continue to inspire us.

08/06/2023

DID YOU KNOW: Once you attain a personal injury due to an accident arising out of or in the course of your work which results into permanent incapacity, you're entitled to compensation from your employer.

The accident could even happen on your way to or from your work.

03/06/2023

26/05/2023

Where the level of air pollution and chemical substances in a working environment exceeds the specified exposure limits, the employer has a duty to provide suitable protective clothing and equipment to the workers and ensure these are used whenever required

19/05/2023

The Tax Appeals Tribunal recently held that;

- supermarkets that fail to comply with the requirements of issuing e-invoices or e-receipts attract a penalty of UGX 6 Million

- upon omission of a tax payer to implement EFRIS in the tax period as provided in the VAT Act, a penalty of UGX 6 Million stands.

- The penalty is applicable for each month a tax payer omits to implement EFRIS

Embassy Supermarket v Uganda Revenue Authority

15/05/2023

Recently while addressing an appeal to a petition by Jehovah Witness students for violation of their freedom of religion, the Court of Appeal of Kenya held that compelling Jehovah witness students to attend a 30 minute Catholic Mass every Friday morning was contrary to Article 32(4) of the Constitution of Kenya which provides that no person should be compelled to act or engage in any act that is contrary to the person's belief or religion. If there is any such compulsion, it would be unconstitutional.

"Schools cannot raise an estoppel against the Constitution. No one can...they are no less entitled to those rights by reason only of being within school gates."

However, court also noted that where the students and their parents consent to the school rules which include mandatory non-classroom interfaith activities then there's no violation to their freedom of religion.

01/05/2023

We acknowledge your hard work

14/04/2023

The High Court of Uganda recently held that courts may not be in position to enforce in law bedroom agreements made amongst cohabitants except where they have same put down into a formal agreement.

Court further noted that if it were so, then it could be seen as if it was lending a hand to one party trying to take revenge against the other after the relationship has broken down as they try to recover money given during the relationship without consideration. (As the case was)

Court also held that, for a judgement to be entered on the ground of admission under Ord. 13 r 6 CPR, the admission must be explicit and not open to doubt.

08/04/2023

From us to you

04/04/2023

The Constitutional Court of Uganda recently held that the Uganda Revenue Authority (URA) has power to conduct searches and entries as required under Sect. 41 and 42 of the Tax Procedures Code Act of 2014 as long as there's reasonable cause and such searches are conducted lawfully.

However, Court didn't expound on what would amount to "a search conducted lawfully."

Court was determining whether Sect. 41(7) and 42(4) of the TPC nullify any law relating to privilege which includes but is not limited to the privilege against fair hearing in Art. 28 as well as Art 44(c) of the Constitution.

ABC CAPITAL BANK & 30 ORS V ATTORNEY GENERAL & ANOR CONSTITUTIONAL

31/03/2023

The Court of Appeal of Uganda has held that;
1. Any sale by a kibanja land owner without the express consent of the landlord doesn't transfer any interest to the purchaser since the consent is a mandatory requirement.

2. Consultations with the vendor of property do not amount to due diligence of cross-checking the authenticity of the vendor's interest in the land.

3. It's not fatal for a trial Judge not to rely on his/her observations at locus in quo while making his/her judgement, except where not relying on them would cause a miscarriage of justice

4. A document authored without requisite legal capacity & grounded in the blantant contravention of a statutory provision is not a legal document.

28/03/2023

The Court of Appeal of Uganda has held that Rules 53(2)(a),(b),(c) and (d) of the Court of Appeal Rules are void to the extent that they are inconsistent with Sect. 12 of the Judicature Act, Cap. 13

The section allows a single Justice to hear any interlocutory Applications or matter before the Court of Appeal. To the contrary, the rules bar a single Justice from hearing applications such as stay of ex*****on, applications to strike out a notice of appeal, among others.

The ruling was premised on Sect. 18 of the Interpretation Act Cap. 3 which provides that any provision of a statutory instrument which is inconsistent with any provision of the Act under which the instrument was made shall be void to the extent of the inconsistency.

Uganda Revenue Authority v National Social Security Fund C.Appn No. 43 of 2023

23/03/2023

Ramadan Mubarak to the Muslim community

20/03/2023

Recently, the Court of Appeal while bringing an end to a 14 year old court dispute cautioned banks that act contrary to the Bank of Uganda Consumer Protection Guidelines, the common expectation and standards of a prudent and respectable banker.

Court held that when considering a contract of disbursement of monies, the failure to disburse the sums promised in the facility letter amounts to a breach of a contract.

Court also held that " to dispose of the mortgagors property without sufficient advertisement is unlawful"

13/03/2023

The High Court has in a suit we successfully litigated held that a security company can be held vicariously liable to recover money occasioned from a loss incurred as a result of the actions of it's employees provided it can be showed that there was a breach on its side and an insurance company will be entitled to receive that money under the principle of subrogation.

In this case, the 2nd Plaintiff entered into a contract with the defendant to provide security and the defendant was required to assign 2 security guards per night shift.

However on a particular night only one security guard was assigned, he broke into the premises, stole different property and ran off. The defendant acknowledged the default and the 2nd plaintiff was reimbursed by the 1st plaintiff.

08/03/2023

𝐇𝐚𝐩𝐩𝐲 𝐈𝐧𝐭𝐞𝐫𝐧𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐖𝐨𝐦𝐞𝐧'𝐬 𝐝𝐚𝐲

27/02/2023

The High Court of Uganda has in CEHURD & 2 Other v Jaro Hospital Ltd & Another Misc. Cause No. 185 of 2022 held that hospitals are not legally allowed to detain their patients over outstanding medical bills.
- However, they should use other legal means so as to claim the outstanding balance.

24/02/2023

The Supreme Court of Kenya has today in NGOs Co-Ordination Board v Eric Gitari & 5 Ors Petition No. 16 of 2019 held that the refusal by the NGOs Co-Ordination Board to register 4 LGBTQ organisations was a discriminatory act and a violation of their right to freedom of association.

Court has further held
- that "s*x" according to the Constitution of Kenya does not act of per se but refers to the s*xual orientation of any gender, whether heteros*xual, le***an, gay, inters*x or otherwise.

- an interpretation of non-discrimination which excludes people based on their s*xual orientation would conflict with the principles of human dignity, the inclusiveness, equality, human rights and non-discrimination. As such, to allow discrimination based on s*xual orientation would be counter to these constitutional principles.

- the appellant's action of refusing to reserve the name of the 1st respondent's intended NGO on the ground that Sect. 162 & 163 of the Penal Code Act of Kenya criminalizes Gay & Le***an liaisons was discriminatory in the view of Art. 27(4) of the Constitution This could be the first decision made by the Supreme Court of an African Country in favour of LGBTQ rights, this is also seen with the court's reliance on two(2) cases from the US Court of Appeal and the European Court of Human Rights.

17/02/2023

When considering the competing interests of the secured and unsecured creditors, the Insolvency Act is clear on the hierarchy and the same should be adhered to.

16/02/2023

Today we join the rest of the country to celebrate Archbishop Janan Luwum, he stood for the truth and justice for all!

07/02/2023

George Stinney Jr was an African American boy age 14 who who was sentenced to death by electrocution in March 1944 for the murder of 2 young white girls from his neighborhood in Alcolu, South Carolina. These 2 white girls had been found brutally murdered, beaten over the head with suspicions that they were r***d and dumped in a water-logged ditch. Stinney was picked from his home by police in the absence of his parents and interrogated in a small room where the police claimed that he admitted to having murdered the 2 girls. But no record of this confession was presented to court!

Stinney was rushed for trial there after which lasted only 2 hours and 10 minutes of an all white jury that convicted him for murder and sentenced him to death.

During the trial, no black Americans were allowed to attend not even Stinney's parents. In addition, 2 versions of Stinney's verbal confessions were referred to by the prosecution and never were they challenged by Stinney's appointed lawyer. He also never appealed the conviction and no transcript of the trial ever surfaced.
Stinney was executed 84 days after the girls deaths on 16th June 1944 becoming the youngest person in modern times to be put to death

70 years later, Stinney was exonerated where the family alongside other activists sought for a "writ of coram nobis" in essence "mistakes were made at trial" and court overturned the conviction.
However there were sources that stated that the 2 girls had been murdered by a son of a rich businessman in the same town, however he influenced the entire process to have Stinney convicted. (The accusations were never confirmed)

27/01/2023

Recently while settling a decade old succession dispute, the High Court of Kenya held that widows do not have stake in their in-laws estate. However, court noted that, grand children whose parents are dead have a right to inherit the assets owned by their grand parents.
When a child of the estate owner dies, and is survived by offsprings, their entitlement is not extinguished or diminished. It should go to their offspring or to his or her estate.
This judgement also applies to sons-in-law and they too cannot inherit the estate of their parents-in-law. All this applies in circumstances where the owner of the estate dies without a will in place(intestate).
Read more; https://nation.africa/kenya/news/-widows-have-no-stake-in-in-laws-estate-says-court-4079364

18/01/2023

Sometime in the 14th Century BC in ancient Greece, a woman known as Agnodice disguised herself as a man to study medicine. During that time, women were prohibited from studying or practicing any form of medicine, doing so was a crime punishable by death.

Agnodice therefore cut off all her hair and dressed in men's clothing.
When she was done with her studies, she started helping many pregnant women to give birth since she was very skilled but her popularity incited jealous from male physicians who accused her of seducing women.

She was brought to court and she could do nothing to disprove the charges other than display the most obvious (& perhaps the most scandalous)proof, so she pulled open her robes and exposed herself to the jury.
This instead made the jury men more angry as a woman had been practicing medicine openly.
It was upon this that they sentenced her to death and also set a date for her ex*****on.
However, women including the wives of the jury men stormed the assembly rioting as they demanded for her release.
The jury men bowed to the pressure and overturned the conviction and sentence. It was then that a law was passed allowing freeborn female citizens to practice medicine.

Agnodice has since been known as the first female midwife and physician in ancient Athens.

10/01/2023

LEGAL ALERT 🚨 | The Constitutional Court of Uganda has in Andrew Karamagi & Another v Attorney General Constitutional Petition Case No. COA-00-CV-CPC-0005-2016 unanimously annulled Sect. 25 of the Computer Misuse Act of 2011 which provides for offensive communication.

10/01/2023

In 2012, Jian Feng a Chinese man divorced and sued his wife for giving birth to ugly kids.
Before filing the lawsuit, Jian first accused his wife of being adulterous and upon conducting a DNA test it was confirmed that he was the father of the kid!
The wife then confessed that she had spent $100,000 on intense plastic surgeries to drastically change her appearance before she met Feng and Feng was never aware of the surgeries.
It's after knowing this that Feng filed the lawsuit arguing that the woman convinced him to marry her under false pretense.
The lawsuit succeeded and Feng was awarded $120,000 as compensation.

06/01/2023

We are deeply saddened by the death of 𝐑𝐭𝐝 𝐋𝐚𝐝𝐲 𝐉𝐮𝐬𝐭𝐢𝐜𝐞 𝐄𝐥𝐢𝐳𝐚𝐛𝐞𝐭𝐡 𝐈𝐛𝐚𝐧𝐝𝐚 𝐍𝐚𝐡𝐚𝐦𝐲𝐚 which happened this morning!

𝐌𝐚𝐲 𝐡𝐞𝐫 𝐬𝐨𝐮𝐥 𝐫𝐞𝐬𝐭 𝐢𝐧 𝐩𝐞𝐚𝐜𝐞🪔

05/01/2023

In 2013, a Kenyan lawyer Dola Indidis petitioned the International Court of Justice (ICJ) to nullify the conviction of Jesus and his death sentence for being unlawful.
The respondents to the Petition included Pontius Pilate, King Herod, the former Roman Emperor Tiberius plus the two states of Israel and Italy since they allegedly had a connection with the Roman Empire.

With reference to scriptures in the Bible as his evidence, Dola challenged the mode of questioning used during the trial, the punishments meted to Jesus during the proceedings and the substance of the information used to convict Him.

He further argued that the selective and malicious prosecution violated Jesus's human rights.
The judge (Pontious Pilate) who sentenced Jesus had earlier made it clear that he had not jurisdiction to try Jesus but due to duress from the public in his court, he went ahead and convicted Jesus without giving him a chance to be heard or defend Himself against the charges and further passed a capital sentence against Him.

Therefore according to Dola, the proceedings were characterised by judicial misconduct, abuse of office bias, and prejudice which could or could have rendered them unlawful.

Dola had made the same petition before a Nairobi Court in 2007 but it was dismissed.