Arinda Osbert

26/08/2023

https://www.monitor.co.ug/uganda/oped/editorial/odd-ruling-on-divorce-has-embarrassed-court-4347014?fbclid=IwAR1AW4k1e-Jypj7RFN3ZdrQ8djVa2cxMciw4qYchrnDxqUxEi4H36BPImMo

It is in everyone’s interests that the responsible authorities redress this blunder at the earliest opportunity.

14/12/2022

🛑🛑🛑🛑🛑🛑🛑🛑
Another interesting take.
Consent has to at least be all these 5 things, which are usually referred to as "FRIES"

F - Freely Given
R - Reversible
I - Informed
E- Enthusiastic
S - Specific

18/11/2022

When you read the Court of Appeal's decision on matrimonial property, you will note these 👇
1.The Supreme Court has already pronounced itself so expressly as to what constitutes matrimonial property, in Julius Rwabinumi v Hope Bahimbisomwe. As a matter of Law, a decision of the Supreme Court is final and binding on all lower Courts(including the Court of Appeal.

2.The Court of Appeal has no jurisdiction to revisit it's previous decisions. Such authority is only a preserve of the Supreme Court under Article 132(4).As a matter of Law, the Court of Appeal cannot attempt to change it's previous decisions in a later case, more so when a question of Law in issue has already been decided by the Supreme Court.

3. A Court of Law cannot attempt to assume the authority of the Legislature.It has never been the intention of the people of Uganda that Cohabitation gets recognition as a form of Marriage in Uganda.
Any decision by a Court of Law categorizing property acquired before marriage as matrimonial property is a decision arrived at per incuriam.

4.Public Policy
For a decision like this to stand, it would mean that Cohabitation is indirectly recognized as a Union, which is quite concerning.
To do so is to open a floodgate of claims, but more importantly, to weaken the institution of marriage.
The intention of Parliament and Ugandans at large has always been to preserve the institution of marriage.

5.Creating a right for a couple to share property acquired before marriage, irrespective of the principles on contribution, is a modern day threat to the institution of marriage and also a creation of confusion in our family law justice system.
The principles proposed by the COA in this case are very good for co-ownership rights under Land Law or partnerships under Corporate Law but not for family law jurisprudence.

I hope the case goes to the Supreme Court.

06/04/2022

THE LAW ON ABORTION IN UGANDA:

Abortion in Uganda is generally illegal and is only legal in limited circumstances. Article 22 of the 1995 Constitution provides for the right to life and Article 22(2) specifically provides that no one has the right to terminate an unborn child except if it’s authorised by law.

However, there is no law that has been created that provides specific instances in which an abortion is permitted.

Below are some of the offenses on abortion under the Penal Code Act Cap 120 and, the defense to the offense;👇🏾
https://justicecentres.go.ug/what-is-the-law-on-abortion-in-uganda/

03/04/2022

24/02/2022

REACHING A COMPROMISE

While in the police cell awaiting his day in court for his cyber harassment charges, Kapeere hears another cell mate talk about a quicker way to solve his legal issues.

Kapeere is told this ‘friend’ went to court and accepted his wrong and was given a lighter sentence. Kapeere remembers the police officer telling him that he could be facing up to 3 years imprisonment. Kapeere has realized that what he did to Nakimuli was wrong and he is wondering to what to do to get a better outcome in court.

DOES ADMITTING YOU ARE WRONG MEAN YOU GET A LIGHTER PUNISHMENT?

Admitting that you are wrong in law is called a plea of guilty and such a person that pleads guilty can enter into a plea bargain with the prosecution.

Plea bargaining means the process between an accused person and the prosecution, in which the accused person agrees to plead guilty in exchange for an agreement by the prosecutor to drop one or more charges, reduce a charge to a less serious offence, or recommend a particular sentence subject to approval by court.

Under this Plea bargaining agreeement, an accused person punishment depends on how the negotiations during the plea bargain go and it can be less than the original maximum punishment the prosecution or court recommended. This means admitting that you are wrong might get one a lighter punishment depending on how they have negotiated with the prosecution during the plea bargain.
REACHING A COMPROMISE

While in the police cell awaiting his day in court for his cyber harassment charges, Kapeere hears another cell mate talk about a quicker way to solve his legal issues.

Kapeere is told this ‘friend’ went to court and accepted his wrong and was given a lighter sentence. Kapeere remembers the police officer telling him that he could be facing up to 3 years imprisonment. Kapeere has realized that what he did to Nakimuli was wrong and he is wondering to what to do to get a better outcome in court.

DOES ADMITTING YOU ARE WRONG MEAN YOU GET A LIGHTER PUNISHMENT?

Admitting that you are wrong in law is called a plea of guilty and such a person that pleads guilty can enter into a plea bargain with the prosecution.

Plea bargaining means the process between an accused person and the prosecution, in which the accused person agrees to plead guilty in exchange for an agreement by the prosecutor to drop one or more charges, reduce a charge to a less serious offence, or recommend a particular sentence subject to approval by court.

Under this Plea bargaining agreeement, an accused person's punishment depends on how the negotiations during the plea bargain go and it can be less than the original maximum punishment the prosecution or court recommended. This means admitting that you are wrong might get one a lighter punishment depending on how they have negotiated with the prosecution during the plea bargain.

If you have any legal questions about this, or you have some thoughts to share, please feel free to comment or contact us through Facebook inbox, email at [email protected], twitter or call us on 0392177405 or 080022000 during work hours.

📷: Daily news

22/02/2022

JOINT PROPERTY

Joint owned property is any property held in the name of two or more people, like husband and wife, or business partners, friends, or family members. Even a company can own property together with another company or person.

IS MATRIMONIAL PROPERTY JOINT PROPERTY?

Yes, matrimonial property (property belonging to a married couple) is a type of joint property. This does not mean that all joint property is matrimonial property. This is for only couples who are legally married. You can also own other types of joint property without being married or even related.

📷: Khane law

21/02/2022

18/02/2022

If you are in a disagreement with another person over a matter in which the monetary value is not more than 10 million UGX, you can claim it using the small claims procedure.

18/02/2022

WHAT THE UGANDA COURTS SAY ON BRIDE PRICE

Once upon a time, one of the only ways to end a customary marriage was to return the bride price to the man. If you ‘ate’ the items, then you either paid them back somehow or you remained stuck in the marriage.

However, the Supreme Court (the highest court in Uganda) decided in a case that the custom of refunding bride-price upon divorce was unconstitutional and unlawful for the following reasons.

1. It ignores the contributions that the woman makes during the life of the marriage.

2. This practice could lead to a situation where the woman would be stuck in a broken and/or abusive marriage if the refund were demanded years after the marriage and the woman’s family had ‘eaten’ or did not have it.

3. Marriage is a union between the husband and the wife, and it is wrong to depend on someone else doing something to end it. (When the gifts were not given to the bride herself).

Therefore if you want to end a customary marriage, you can go to court and ask the court to declare this marriage ended. No one should demand for gifts or bride price to end the marriage.
If you have any legal questions about this, or you have some thoughts to share, please feel free to comment or contact us through Facebook inbox, email at [email protected], twitter or call us on 0392177405 or 080022000 during work hours.

12/02/2022

12/02/2022

Parliament this week passed the Bill, which specifically addresses the property of people who die without a will. Below are some of the highlights ⤵️ |

17/01/2022

NO REGRETS

We all know that at the end of the day, what matters most is our dream of becoming a lawyer. However, from time to time, we cannot deny that we also imagined ourselves pursuing a different career. We all imagined ourselves not in law school. We all imagined ourselves taking the pressure off our shoulders and simply enjoying the life of a growing adult.

Random thoughts are what make us rethink our acts. The multitude of what ifs carry with it a dream world only we could access. Seeing our peers and classmates who are not in the pursuit of further studies make us imagine a life without law school—a life where everything seemed to be normal.

You could have been a successful businessman by now, running your dream business with your friends. You could be a high official in whatever government office you wished to be a part of. You could be married by now, enjoying the company of your loved one. You could even live a simple but relaxing life—that which does not require tons of effort just to meet the minimum requirements of becoming a lawyer.

At times, law school makes you feel like you are wasting your prime years. It makes you feel like you could have been an accomplished individual by now. It makes you weigh in your options. It gives you doubts. It gives you a series of regrets along the way.

Don’t let these distractions determine who you could become if you didn’t pursue law.

You are here for a reason—to fulfil the dream of becoming an instrument of justice. You are here to become an officer of the court in the near future. You are here because you have a purpose—to be a beacon of hope and to be a catalyst for change.

Years spent to develop a skill are not years wasted. Nobody tells you that law school would be easy. But if and when you finish your degree, it will all be worth it. The pain you experienced will serve as lessons. And these lessons will teach you the things on how to fully utilize the law to help others.

At the end of the day, what will matter is how you’ll spend your life as a lawyer. At the end of the day, your regrets will mean nothing. Just keep dreaming and carry on. Keep the faith and trust the process.

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