04/07/2022
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23/11/2021
Supreme Court: "...Counsel who appear before courts and especially before appellate courts should take care to show relevancy, pertinence, precision and adequate research."
08/11/2021
Court of Appeal: "...this Court is inclined to believe the appellant that the loss of the Court record could have impeded him from applying for leave to file a notice of appeal out of time. An Application for leave to file a notice of appeal out of time requires an applicant to be in position of lodging a memorandum of appeal."
05/11/2021
Court of Appeal: "We accordingly, set aside the conviction and sentence of 50 days imprisonment of the appellant for the offence of murder c/s 188 and 189 on the ground that the trial court record of the High Court at Kampala...went missing. We order for a retrial of the appellant..."
04/11/2021
Court of Appeal: "Before we take leave of this appeal, we express our great disappointment to the fact that all the Court proceedings of the trial in this case went missing without a trace. There must be an evil hand of corruption behind this."
28/10/2021
High Court: "...a single illegal practice or election offence under the PEA, once proved, by the Petitioner, to the satisfaction of the court, suffices to prove a ground for setting aside an election. The weight or significance of the bribe would not matter as long as it is proved..."
26/10/2021
High Court: " It is expected that evidence in elections will come from partisan witnesses since the reality is that in an election, the populace is called upon to take one side or other other. They are not neutral. This does not mean that the evidence is not credible on that count alone. However the courts have cautioned against relying on such evidence without corroboration..."
25/10/2021
Court of Appeal:"...the appellant was deprived of his properties in a manner tainted with illegality. He was using the suit properties for commercial purposes in the apartments and hostel. He was therefore deprived of financial earnings from them. The appellant resided on one of the suit properties in Bweyogerere where he was evicted forcefully. All these events made the appellant suffer emotionally and economically. This entitles him to an award of general damages. I consider the sum of Shs. 50,000,000 as sufficient to compensate him..."
22/10/2021
Court of Appeal: "Although the 2nd respondent did not claim for the Shs. 170,000,000 which the appellant acknowledged as having received as a loan, it is just and equitable that the appellant refunds this sum of money to the 2nd respondent."
21/10/2021
Court of Appeal: "...were title is good title, the cheated stamp duty can be reported to and investigated by the tax authority and the Commissioner General of URA can thereafter collect the cheated stamp duty or shortfall in the said tax."
20/10/2021
Court of Appeal: "I am alive to the fact that no loan agreement exists on record. Be that as it may, after scrutinising the evidence as a whole, it appears to me that the appellant signed the land sale agreement, transfer forms and powers of Attorney with the sole understanding that the transaction that the transaction that he was entering in the 1st and 2nd respondents was a loan transaction. The suit properties and documents he signed were only meant to act as security should he have failed to repay the loan."
18/10/2021
Court of Appeal: "In the absence of evidence that the parties intended to be legally bound contractually to the sale and transfer, Court should be reluctant in deciding that the executed documents formed the basis of a legal contractual relationship. the exigencies of every day life such as the need for money to pay medical bills, schools fees which cause temporary indisposition make it most unlikely that either party contemplated that one was legally bound to confer transfer of such security."
15/10/2021
Supreme Court: "A declaration doth issue that the 2nd respondent (Bank of Uganda) is in contempt of court orders."
14/10/2021
Supreme Court: "In the present case, the contempt by the 2nd respondent relates to conduct which perverts the course of justice. The attempt at circumvention of the decision of the Court of Appeal by altering the status of the 1st respondent from Crane Bank (in receivership) to Crane Bank (in liquidation) was in our view aimed at impeding or perverting the course of justice before this court and the same amounted to contempt."
13/10/2021
Supreme Court: "Contempt of court consists of conduct which interferes with the administration of justice or impedes or perverts the course of justice...Civil contempt consists of a failure to comply with a judgement or order or a court or breach of undertaking of court."
12/10/2021
Supreme Court: "It seems to us therefore that anything done by the Central Bank in bad faith opens it up to litigation and legal proceedings."
11/10/2021
Supreme Court: "The act of the 2nd respondent (BoU) changing the status of the 1st respondent from Crane Bank (in receivership) to crane bank (In liquidation) would be to render the questions before court in the main appeal moot and nugatory."
07/10/2021
Supreme Court: "Not being subject to the direction or control of any person or authority in the performance of its functions does not mean that the 2nd respondent (Bank of Uganda) cannot sue or be sued. Such a conclusion would be reading too much into the clear provisions of the Constitution..."
04/10/2021
Constitutional Court: "No one, not even the BOU can be shielded from being answerable to the dictates of justice."
01/10/2021
Constitutional Court: "Given that, the BoU's directives to freeze a person's accounts have a bearing on the constitutional right to property, it is vital in safeguarding those rights that courts retain the power to scrutinise the actions of Bank of Uganda on their merits."
30/09/2021
Constitutional Court: "Even where interference with the right to property is allowed under a law in this case the ACA, such an interference must be in pursuance of legitimate aim and necessary in a democratic society. Under the constitution the interference must be acceptable and justifiable in a free and democratic society."
28/09/2021
Constitutional Court: "In order to be effective, the orders made under section 34 of the ACA must be made without undue delay because the property may be moved or dissipated in short period of time so as to make it unavailable to the court on conviction of the suspects."
22/09/2021
Constitutional Court: "No one, not even the BoU can be shielded from being answerable to the dictates of justice..."
21/09/2021
Constitutional Court: "...there is a legitimate expectation on the part of members of the public requiring that those who have been implicated in corruption are prevented from earning from the crime. The public expects that, as a means of combating corruption, ill-gotten property will be returned to the national pursue once the suspect is convicted..."
20/09/2021
Constitutional Court: "By mandate granted in Article 133 (1) (b) of the Constitution the Chief Justice under Legal Notice No.9 of 2009 established the Anti-Corruption Division as an administrative division of the High Court and not as a special court envisaged under Article 232 (2) (e) of the Constitution..."
15/09/2021
High Court: "The bank must have disclosed where the money came from before the State concluded that it was a criminal source. You don't need a year to put that evidence together unless you are not serious."
13/09/2021
High Court: "This song of "investigations are incomplete" is not itself sufficient cause to warrant an adjournment. The prosecution is obligated to inform court of vital steps taken to complete investigations before the court can decide if an adjournment is merited or not."
10/09/2021
Court of Appeal: "Having acted in breach of those agreements, the Respondents could not claim general and mesne profits from the appellants."
08/09/2021
Court of Appeal: The mere existence of a suit in itself does not as a matter of law prevent further dealings in mortgaged property.
06/09/2021
Court of Appeal: "Where a mortgage expressly gave the mortgagee or the receiver express power to sell the mortgaged property by private treaty, the sale of the property by invoking such express powers was lawful."
02/09/2021
Court of Appeal: "The 1st Respondent, on failure by all respondents to meet prompt and regular payments of the financial rentals, could not claim to have legitimate interest in the mortgage land, as a basis for lodging a caveat upon the same, against the interest of the 2nd appellant."
31/08/2021
Court of Appeal: "Accordingly, Courts of Law do not interfere with the contractual rights of the parties that are freely and voluntarily agreed upon and expressed in a written agreement."
26/08/2021
Court of Appeal: "The Court, in order to protect its own processes from being degraded and misused, must have the power to stay proceedings which have come before it and have only been made possible by acts which offend the court's conscience as being contrary to the rule of law. Those acts by proving a morally unacceptable foundation for the exercise of the jurisdiction over the suspect taint the proposed trial and, if tolerated will mean that court process has been abused."
25/08/2021
Court of Appeal: "Each one of the appellants ought to have been aware of the illegality of the whole land transaction. They are presumed to have known the law. They received the said sum of UGX 60,000,000 from the 2nd respondent to carry out a transaction prohibited by law. It must be refunded..."
23/08/2021
Court of Appeal: "...men of full age and competence and understanding shall have the utmost liberty in contracting and that their contracts, when entered into freely and voluntarily shall be held enforceable by the Courts of Justice."
19/08/2021
Court of Appeal: "In a contractual situation, commercial pressure is not enough to prove economic duress."
18/08/2021
Court of Appeal: If a company's articles of association do not restrict the transfer or issue of shares to non citizens, then it is a non citizen and cannot acquire mailo interest in land.
17/08/2021
Court of Appeal: "...any civilised system of law is bound to provide remedies for cases of what has been called unjust enrichment or unjust benefit, that is to prevent a man from retaining the money of or some benefit derived from another which it is against conscience that he should keep."
16/08/2021
Court of Appeal: No court will lend its aid to a person who founds his cause of action upon an immoral or an illegal act."
10/08/2021
Before you enter the Supreme Court or any other court, first check yourself properly because if you are not steady, you are out!
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Comments
We are pleased to have the Head of Banking and Finance Department ( Arcadia Advocates) Mr. Isaac Bakayana who will be among the moderators on Day One of the insolvency week happening at Hotel Africana.
Follow the hashtag to join the conversation.
Follow the hashtag to join the conversation.
Yo avoid splittings.
Thank you Prossie Munabuddu .....when called upon, you never disappoint. Plus you must have enjoyed the audience of your former lecturers.
You drive for excellence supersedes you.
You drive for excellence supersedes you.
AA New in the Law Tracker Jan - March 2018 Issue - highlighting financial regulatory legislation and tax Bills tabled before Parliament.
of the Rules governing the remuneration of advocates in Uganda which were made last year in December 2017 were finally published. The Advocates (Remuneration and Taxation of Costs) (Amendment) Regulations, 2018 (SI No. 7 of 2018) among others also amends the schedules to the Rules and inserts a new regulation 13A providing for "Pre-taxation meeting of advocates or parties".
Regulation of money lending business, Minister passed the Tier 4 Microfinance and Money Lenders (Money Lenders) Regulations, 2018 (SI No. 8 of 2018) operationalising the licensing of money lenders under the 2016 Act.
The Meeting in Protea Entebbe. Revamping the Trade Sector for Domestic & International Business. Tracking, Facilitating & Enhancing the Implementation of the EAC Common Market. The East African Community Seminar The East Africa Trade +Investment Hub in partnership with Arcadia Advocates
For updates on laws published in the Uganda Gazette -
Please share within your circles.
Keynote Speaker - Mr Bakayana Isaac Partner Arcadia Advocates in attendance I am delighted to be here. ULS should go further and publish a quaterly Law Journal Uganda Law Society members
The Insurance Regulatory Authority of Uganda finally passed the Insurance (Bancassurance) Regulations, 2017.
The Regulations which were published as a supplement to the Uganda Gazette No. 39, Vol. CX of 14th July, 2017 are a fundamental milestone in operationalising bancassurance business in Uganda. A financial institution intending to act as a bancassurance agent has to be licensed by the Insurance Regulatory Authority to transact bancassurance business.
The passing of the said Regulations presents a business opportunity that has been under contemplation by a number of players in the banking sector.
The Regulations which were published as a supplement to the Uganda Gazette No. 39, Vol. CX of 14th July, 2017 are a fundamental milestone in operationalising bancassurance business in Uganda. A financial institution intending to act as a bancassurance agent has to be licensed by the Insurance Regulatory Authority to transact bancassurance business.
The passing of the said Regulations presents a business opportunity that has been under contemplation by a number of players in the banking sector.
On the whole, the Supreme Court’s decision in Rabbo Enterprises’ case was largely hinged on the phrase “subject to the provisions of this Constitution”, a phrase that Court applied against article 152 of the Constitution to arrive at the conclusion that tax disputes ought to be filed before the Tax Appeals Tribunal. However, the intention of the framers of article 152 is unmistakable. They only conferred onto Parliament the power to “make laws to establish tax tribunals for the purposes of settling tax disputes.” They did not seek to establish an exclusive mechanism through which all tax disputes could be resolved. Indeed, that provision does not contain any such proposition.
http://arcadialaw.co.ug/index.php/our-blog/389-thoughts-on-the-supreme-court-decision-of-uganda-revenue-authority-v-rabbo-enterprises-u-limited-mt-elgon-hardwares-ltd-civil-appeal-no-12-of-2004
http://arcadialaw.co.ug/index.php/our-blog/389-thoughts-on-the-supreme-court-decision-of-uganda-revenue-authority-v-rabbo-enterprises-u-limited-mt-elgon-hardwares-ltd-civil-appeal-no-12-of-2004