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Last week the Court of Appeal judge, Frederick Egonda-Ntende, was awarded an Honorary Doctor of Laws by Makerere University, recognising his remarkable career in the legal fraternity.
Let's delve into his wisdom—share a thread of the most one of his thought-provoking judgments
Hello Lawyers,
We are pleased to share with you the soft copy of the revised edition of the Red Volume Laws of the Republic of Uganda, 2023 Volume.
Please find it on our telegram channel for your use and reference
(An Interesting one on the LAW OF NEGLIGENCE.)
The pump attendant at Total-mbarara filled 30 litres of petrol into the Plaintiff's Range Rover instead of 30 litres of diesel as the Plaintiff had asked. Today, Justice Allan Nshimye has handed down a detailed judgement discussing
10 books all lawyers should read in 2024
1. The Game-Changing Attorney
Every attorney must be a great storyteller... ability to weave a tale goes far beyond the courtroom. You must be able to tell stories through visual content that connects directly with your target audience.
An award of USD 18,053,972.39 as special damages on infringement of Trade secrets (Intellectual property)👇
Yesterday, Hon. Lady Justice Susan Abinyo decided to give a whole/entire lecture of Agency & Distributorship coupled with a whole topic on Trade secrets (IP) in this
Books Every Lawyer Should Read📖📌
“The reading of all good books is like a conversation with the finest (people) of the past centuries.”
– René Descartes.
1. To Kill a Mockingbird
Atticus is a lawyer charged with defending a black man falsely accused of raping a white woman
Reading is to lawyers as instruments are to musicians.
Legal Thrillers to read.
1. The Criminal Lawyer
Inspired by real crimes. From the author of the number-one best-seller, The Good Lawyer. A serial killer is littering the south shore beach of Long Island with the bones of...
It's a sad day for
@Lawpointuganda
as we mourn the untimely death 😭 of our very own
@KabuubiSulaiman
(founder of Lawpoint), a 5th year law student at SOA University in Bhubaneswar, India.
Salman left us too soon. He passed away this afternoon at 2:36pm in India.
FAMILY LAW PRACTICE: (Divorce Petition- Grounds to satisfy in a Divorce Petition)
Hon. Lady Justice Celia Nagawa has held this morning that;
"If a couple marry, then they're subject to the laws governing marriage, regardless of their intentions or choices." There are known
Wamala, J., in his landmark judgement delivered on 2nd/04/2024 has affirmed and held that where money is borrowed, illegality or irregularity in the execution or securitization of the arrangement does not absolve the borrower of the outstanding indebtedness,
LAND LAW (The Law on Caveats): (An application seeking for an order to vacate/remove a Caveat)
Hon. Lady Justice Joyce Kavuma, the resident judge of Mbarara HC while giving her ruling yesterday, on the above-stated application has held as follows;
1) It's the law that the main
CIVIL PROCEDURE: (Principle~An affidavit can be commissioned via virtual means like zoom).
In this case below, Justice Boniface Wamala overruled a PO that was challenging an affidavit which an Applicant claimed that it was signed electronically (had an e-signature). It follows
Congratulations to our Director of Partnerships
@abikiira34394
upon scoring a Distinction (First class) and making it to
@LDC
@DirectorLDC
Director's List. We're extremely happy and proud of you
LEGAL ALERT📢
COA HAS RULED ON,
✨HOW FAR IS DUE DILIGENCE IN LAND MATTERS
✨WHAT IS THE VALIDITY OF A SURVEY REPORT BY A SURVEYOR WITHOUT A VALID PRACTICING CERTIFICATE.
✨A KIBANJA HOLDER'S REGISTRATION OF THEIR INTERESTS WITH HIS/HER MAILO OWNER & PAYMENT OF GROUND RENT.
We congratulate
@rodrick_ug
our CEO - Lawpoint Uganda
Upon completing the bar course. Completing the demanding bar course and graduating is no small feat, and your success is a testament to your unwavering commitment and hard work
Felicitations!
10 NON FICTIONAL BOOKS EVERY LAWYER SHOULD READ
1. The Fall of the House of Zeus: The Rise and Ruin of America's Most Powerful Trial Lawyer
A real-life legal thriller, tracing the downfall of one of America’s most famous lawyers and exposing the dark side of Southern politics
TERMINATION OF EMPLOYMENT: THE NEED FOR REASON AND HEARING UNDER UGANDAN EMPLOYMENT LAW.
Insights from the Landmark Ruling: Stanbic Bank (Uganda) Limited v. Nassanga Saphina Kasule - Civil Appeal No. 182 of 2021
FOR TRANSACTIONAL LAWYERS 👇🏻📌
"...A bible for transactional lawyers and entrepreneurs who want to ensure both that the deal gets done and that their client or their company stays out of court, or at least the losing end of a business dispute..."
LAND LAW. High Court Reaffirms Requirements for Lawful Occupants of Land
In a recent ruling, the High Court reaffirmed that for a person to claim lawful occupancy of a piece of land, they must prove—on a balance of probabilities—that they lawfully settled on the land.
Court Reaffirms The Doctrine of Approbation and Reprobation in Regards to Consent Judgements.
The High Court has reaffirmed that a party cannot simultaneously benefit from a valid transaction and later argue that it is void in order to gain additional advantages.
In this case,
LAND LAW: (Fraud; Principles of Land Law- Regards to purchasing land).✍️
Court has emphasized the value of land and the need for thorough investigations before the purchase of land. In this case, court has restated that land is not vegetables that are bought from unknown sellers.
Lubega, J., has affirmed that service of summons through WhatsApp is proper service because the 2nd Applicant acknowledged receipt of the summons.
Referencing legal precedents on the same, he further added that 'courts have held that service through WhatsApp is effective because
Today, The High Court presided over by Flavia N M, J has propounded legal position that
"Being a customary heir as rightly submitted by counsel for the defendant is a cultural function which does not bestow legal authority on the person to deal with the property of the deceased"
Civil Pocedure: (The timelines that apply to service of summons in an ordinary plaint also apply to service of Applications, Order 5 Rule 1(2) of CPR).
In this application, Hon. Justice Florence Nakachwa re-affirmed the position that it is settled law that the provisions of
A very good decision case on the objection of a trademark.
In assessing similarity and likelihood of confusion, each mark must be looked at as a whole in comparison to the other. Each component must be examined to get the overall impression.
Reading is to lawyers as scales are to judges!
TOP 10 LEGAL BOOKS TO HELP YOU WIN AT TRIAL
1. Trial Techniques and Trials, Eleventh Edition
By far the most thorough and detailed of the books in the field, Trial Techniques and Trials is a comprehensive yet concise handbook
CIVIL PROCEDURE: (Timelines for filing Affidavits in Reply in applications of this nature; and Procedure of seeking leave to file an Appeal out of time)
In his ruling this morning, Hon. Justice Phillip Odoki of Gulu HC has held that;
1) There's generally no timeline for filing
Which Judge is/was Renowned for Delivering Judgments with Exceptional Legal Analysis and Insight?
Please Share Their Notable Decision that Has Had a Lasting Impact on You.
We give you our Top 5
1. Manyindo DCJ
Explaining the importance of punishment if found guilty in the
LEGAL ALERT ON HOW TO BECOME A SHAREHOLDER IN A COMPANY LTD BY GUARANTEE
Court held that
For a company limited by guarantee, a person will be a shareholder by subscription when the person’s particulars are submitted as particulars and the person subscribes to the constitution.
The Constitutional Court Has Affirmed That A Tenant By Occupancy Retains Their Tenancy Status With Rights Subordinate To Those of A Registered Owner.
Brief facts
The petitioners brought this petition challenging the constitutionality of Section 35 (1) (a) of the Land Act, as
Exciting news! 😊😊🤗🤗
Lawpoint Uganda is thrilled to announce the upcoming launch of xSpaces. We'll be hosting distinguished legal practitioners who will share their invaluable life experiences from the Bar.
Help us spread the word by sharing this post!
Thanks
We congratulate
@Cleoabikiira
our Director of Partnerships - Lawpoint Uganda
Your commitment to excellence and your passion for the legal field have undoubtedly shone through during the rigorous process. As well, being on the
@DirectorLDC
's list lifts your record high.
FAMILY LAW⚖️: High Court Reaffirms The Scope of Desertion in Marriage, Clarifies Matrimonial Property Rights 🏡 and Custody of Minor Children 👶
The High Court has reaffirmed that desertion is not defined by mere physical separation but by a withdrawal from the responsibilities
EVIDENCE LAW 1 SUMMARIZED by
@JoshuaMorris728
On admissibility of Electronic Evidence.
The question of admissibility of evidence be it oral or documentary basically depends on whether
it was relevant to the issue before court..
find full post below👇🏻
Hon. Justice Emmanuel Baguma of the Civil Division at Kampala has delivered a judgement in favour of a Plaintiff claiming for the recovery of a friendly loan under Money had and received as a cause of action. The learned judge stated the following in his Judgement, that;
1) A
Magisterial Areas increased to 157 in a move to increase access to Justice by the population
Summarily
1. Magisterial Areas Increased to 157:
The Chief Justice and the Minister of Justice and Constitutional Affairs have increased the number of Magisterial Areas to 157, aiming
Company Law: High Court Affirms the Conditions for Reduction of Share Capital
The High Court has confirmed that a company cannot reduce its issued share capital unless authorized by its Articles of Association. This includes reductions involving the share premium account and any
A good read
How long should someone practice before they open their own firm? 3 – 7 years is a reasonable period.
Each practice area differs, so adjust according to your chosen area.
But after 3- 7 years, a lawyer has a good amount of practice under their belt, and they
FAMILY LAW: Best Interests of the Child in Custody Disputes
The High Court has reaffirmed the paramount importance of the best interests of the child in custody cases, ruling that a parent's past absence should not automatically disqualify them from future involvement in the
HEALTH LAW ALERT📢⚖️🧑🏾⚖️
Court has ruled that "There's no legal provision for detention of patients who fail to pay their medical bills in Uganda, there's however an elaborate framework that deals with the detention of civil debtors in our law books"
Civil Procedure: High Court Clarifies The Procedure on Service of Summons Where A Party Refuses to Acknowledge Such Service, Validation of
Summons filed on ECCMIS, Effect of Non-Payment of Stamp Duty and Independent Legal Advice in Contracts.
The High Court has provided
The concept of foreclosure in mortgages?
In HOUSING FINANCE BANK LIMITED VS. SENINDE MARGARET & ANOR CIVIL SUIT No. 0007 OF 2021 (OS) Justice Stephen Mubiru had this to say;
FAMILY LAW: Child Custody and Joint Tenancy.
The High Court has reaffirmed that in child custody cases, the court must assess a parent's ability to care for the child, considering financial, emotional, and physical factors. A comprehensive welfare assessment is required,
Land Law and Advocates' Professional Conduct. (Understanding the Concept of Constructive Notice and Applying the Doctrine of Bonafide Purchaser in a Land Transaction Dispute)
Batala J., has affirmed that parties cannot seek refuge under the doctrine of bonafide purchaser for
Hon Justice Ssekaana Musa recently ruled that a party seeking to lift the corporate veil during execution must demonstrate to the court that all reasonable efforts have been made to recover assets and that the directors or shareholders are obstructing the execution process by
High Court Reaffirms Protections for Illiterate Individuals When Signing Legal Documents and Emphasizes Stringent Compliance with Lease Variations and Ground Rent Obligations⚖️📄
In this recent judgment, the High Court reinforced the necessity of protecting illiterate
High Court has clarified on key provisions of the Contracts Act 2010 concerning the performance and variation of contracts.
That under Section 33(1), parties are required to perform their respective promises unless excused by law, while Section 67 allows for contract variations
The Tools of Argument, How the Best Lawyers Think, Win & Argue.
Let's make it a point to read this or re-read it again 😀
Tomorrow we shall share some key points from this nice read📌👌🏽
IT IS TRITE LAW🇺🇬
“It is trite law that a procedural error, or even a blunder on a point of law, on the part of the advocate (including that of his clerk), such as failure to take prescribed procedural steps or to take them in due time, should be taken with humane approach
Earlier today, the
@lawpointuganda
team was honored to meet with the partner of ENS Africa, Counsel
@phillipkarugaba
, an icon in the legal fraternity.
The guidance and wisdom shared by him with the team will certainly help improve the ongoing work of the team.
ARBITRATION LAW💭📌
When There Are Two Interconnected Agreements With Conflicting Arbitration Clauses, The Clause Contained In The Main Agreement Should Be Given Primacy: Delhi High Court