Posts

Profiled: Ahimbisibwe Innocent Benjamin, the Africa Legal Award Laurette shares a portion of his professional experience

Image
City lawyer, Ahimbisibwe Innocent Benjamin is undoubtedly one of the most prominent lawyers in Uganda who has registered tremendous success in the legal field, practicing law in most parts of the world. He is famous for winning some of the most difficult cyber-crime related offences but also, has great success in other fields of law in which he hold diverse knowledge. On 20th November 2022, Lawyers Hub of Kenya hosted the Africa Legal Tech Innovation Awards in Addis Ababa, Ethiopia. These Awards recognize individuals working in the Law Tech space in all over Africa including lawyers, policy makers and innovators. They award Lawyers who use technology to make impact on the world in the legal, political, Socio-economic and all spheres.   Ahimbisibwe won an award in the category of Legal Tech Person of the Year . Fascinating to note, is his great charisma, the intelligence and great client reviews and testimonials he has gathered in a short while of practice. To gauge his   contribu

Constitutional Court Of Uganda Confirms Its Jurisdictional Limits

Image
It Is A Long Standing Fact That The Constitutional Court Of Uganda Is Concerned With Matters Relating To The Constitution. The Constitutional Court Is Established Under Article 134 Of The 1995 Constitution. It Is An Appellate Court When Hearing Cases Appealed From The High Court Of Uganda. However, It Has Original Jurisdiction When Adjudicating Matters Relating To The Constitutionality Of Matters Before It. Sometimes, It Is Not Clear In The Minds Of People As To What Exactly Is The Limit Of This Court's Powers As Matters Of Human Rights Enforcement Too, Have Been Brought Before The Constitutional Court And Dismissal Of Some Matters Has Left Questions Hanging As To What Is The True Jurisdiction Of This Court. The Case, Kabenge V The Attorney General, ULS, Peter Mulira, Prof. Kanyeihamba Et Al (Constitutional Petition 53 Of 2012) [2024] UGCC 18 (22 May 2024) Summarized Below, Gives The Answer To This Question As Follows; BRIEF FAThej The Petitioner Filed A Constitutional Petition All

Buy Gold in Uganda: How to complete a clean gold transaction in Uganda

Image
Are you buying or intending to buy gold in Uganda? To avoid scams and losing millions of dollars, effective due diligence inquiry is required before transferring money in a gold buying transaction.  Preliminary investigation will help you determine whether you are dealing with a legitimate gold dealer licensed to trade gold in Uganda, whether the shipping agent has the necessary licenses, and whether the relevant documents, licenses, and certificates involved in the transactions are genuine or authentic, among other things.  The majority of buyers seek legal assistance after being duped and losing huge quantities of money. To avoid getting scammed, it is highly essential that you conduct due diligence. The legislation in Uganda regulates dealing with minerals like gold and a purchaser will be caught by the common law rule of "buyer beware."  Going forward therefore, a buyer should investigate first using publicly available information and should as well ask the seller to full

Limitations: Can A Holder Of Powers Of Attorney Sue Or Defend On Behalf Of The Donor?

Image
The unanswered Question:  Despite the many opinions and articles on this topic, many have left a question hanging on the extent to Which Powers Of Attorney Give A Donnee, Power To Sue On Behalf Of The Donor. Can The Donnee Sue Or Defend On The Donor's Behalf? Can He Appear In Court As Claimant Or Defendant On The Donor's Behalf? A Power Of Attorney Is A Legal Document That Allows One Person To Act On Behalf Of Another. It Is Often Used In Legal, Financial, Or Medical Matters. Powers Of Attorney Can Be General Or Limited. By The Supreme Court Holding In Fredrick Zabwe V. Orient Bank (U) Ltd. SCCA No. 4/2006, It Is Imperative To Note That A Donee Of A Power Of Attorney Acts As An Agent Of The Donor And Should Do So For The Donor's Benefit. Well, More About Powers Powers Of Attorney Is Well Covered In Other Writings. In A 2021 Decision By The Supreme Court Of New York, Appellate Division Second Department In Discover Bank V. Gilliam 199 A.D.3d 645 (N.Y. App. Div. 2021), The Ba

THE PROCESS OF WINDING UP A COMPANY OR BUSINESS IN UGANDA: All you need to know

Image
Winding UpWinding up is the process of dissolving a business by selling off its assets and satisfying the creditors from the proceeds of the sale. A company may wind up for different reasons amongst which are insolvency, upon satisfaction of its objects under the Memorandum, but whatever the reasons, legal procedures need to be undertaken to minimize the risk to your personal assets, estate, and credit. Here are some considerations you would need to pay attention to to shut your business down legally. Modes of Winding Up You may liquidate your company and use the company assets to pay off its debts, any money left goes to shareholders. Voluntary winding up which can either be; 1. Member’s voluntary liquidation – this is for a solvent company (can pay its debts) initiated by the company members. 2. Creditors’ voluntary liquidation – this is for an insolvent company (can’t pay its debts) initiated by members of the company after meeting the creditors of the company. Liquidation of a comp

Steps to aquire a leasehold certificate of title

Image
 Steps To Acquire A Leasehold Title In Uganda In Simple Terms, A Land Lease Is An Agreement That Permits The Tenant To Use A Piece Of Land Owned By The Landlord In Exchange For Rent. It Is A Form Of Land Tenure Involving A Land Owner Granting The Right To Another Person, The Exclusive Possession Of Land For A Stated Time In Exchange For A Premium (Land Rent) Also Paid At A Specific Time Agreed. In This Article, We Shall Discuss The Steps Involved When Applying To Acquire A Leasehold Land Title. Step One: At The District The Application Shall Pick, Fill And Submit Form 8, Form 10, Form 18 And Form 23 From The District Land Management Office Or District Land Board (DLB) For Processing. After Processing, The DLB Will Return The Fully Completed Forms To The Applicant For Onward Submission To The Ministry. Step 2: Requirements Forms 8, 10, 18, 23, A Set Of 3 Authentic Deed Plans, 3 Passport Photographs, Receipts Of Payment, Forwarding Letter Requesting For A Leasehold Title Signed By The Di

The six major legal issues in Stanbic Bank (U) Ltd. Vs. Nassanga Saphinah Kasule (C.O.A CA. No. 182 of 2021)

Image
Stanbic Bank (Uganda) Limited versus Nassanga Saphinah Kasule (Court of Appeal Civil Appeal No. 182 of 2021) raises numerous issues which are pertinent for us to understand. Click here to watch the case brief summary   In summary, this case discusses the following major points of law. 1. The Distinction between a Notice of Appeal under Rule 86 and a Notice of Cross Appeal under Rule 91 of the Judicature (Court of Appeal Rules) Directions. 2. The power of the Court of Appeal as the first appellate court in decisions from the Industrial Court. 3. Rights of an employee upon determination and rights upon dismissal for misconduct. 4. The difference between Pleadings and Witness Statements. 5. The significance of sticking to one's pleadings. 6. The Distinction between Exemplary and Aggravated Damages. Case Brief In this instance, the appellant submitted a preliminary objection under *Rule 86* to the striking out of a Notice of Cross Appeal, but the court overruled it, underlining that *R