Ahimbisibwe Innocent Benjamin

      Abstract: Whereas appeals from decisions of the trial are on matters of law and effect, second appeals are on matters of law only, third appeals have rather unique circumstances and pre-requisite matters to address. This article shall cover the basics to all such appeals and then particularly address the uniqueness of third appeals.   Introduction: There is no inherent right of appeal. For an individual to appeal, he or she should show court that the right of appeal is expressly provided for in a given statute. This principle was discussed in  AG vs Shah (No.4) (1971) EA 50 , and followed with approval in the case of  UNEB Vs Mparo Constructors Civil Appeal 19 of 2004 .   Appeals From Grade (ii) Magistrate’s Court Where the appeal is from a Grade II Magistrate’s Court, it lies in the Chief Magistrate’s Court. This is conversed in section 204(1)(b) of the Magistrates Courts Act. Section 204(2) of the Magistrate Courts Act provides that the scope o...

Domestic and Regional provisions  Health can be defined as the state of complete physical and mental wellbeing and not merely the absence of infirmity or disease. The 1995 Constitution of the Republic of Uganda does not expressly provide for the right to health although it has explicit provisions from which the right is merely inferred from for instance under the national objectives of state policy including but not limited to Objective XX on the state’s duty to ensure the provision of basic medical services to the population, Objective XXI which provides for clean and safe water at all levels and Objective XXII which provides for food security and proper nutrition.  Article 21 on equality, Article 22 on life, Article 39 on the right to clean and healthy environment, Article 35 which provides for the right of Persons with disabilities to respect and human dignity and further bestows a duty on the State and Society to take appropriate measures to ensure that they realize their ...

A DEMYSTIFIED PRACTICAL APPROACH TO ELECTION PETITIONS IN UGANDA. BY GUKIINA PATRICK M.   The concept of a free and fair election was enunciated in the case of Rtd. Col Kizza Besigye v. HE Yoweri Museveni No.1 of 2001, wherein the supreme court averred that: “a free and fair election is one that is representative of the will of the electorate which averment can be deduced from Article 1 of the 1995 Constitution which provides for the sovereignty of the people of Uganda.  Furthermore, the Halsbury’s Laws of England Volume 38(a), 5 th  Edition  and the case of Rao and others, (1956) 1 MLJ 40, highlight the sound principle of natural justice that the success of a candidate who has won at an election should not be lightly interfered with, and any petition seeking such interference must strictly conform to the requirements of the law. Furthermore, the general rule is that a candidate who lost an election or a  registered voter in the constituency supp...

CORPORATE SOCIAL RESPONSIBILITY In The OIL & GAS Sector In UGANDA   Corporate Governance is a system of rules, practices and processes by which companies are directed and controlled. Corporate governance essentially involves balancing the interests of a company's many stakeholders, such as shareholders, management, customers, suppliers, financiers, government and the community.    According to Frynas, oil and gas companies have expressed various criticisms resulting in three main views: “CSR is a waste of time; CSR is about managing perceptions and making people inside and outside the company feel good about themselves; CSR is a red herring in terms of development projects”. [1] In instances when the companies have included CSR onto their agenda, they have failed to fulfill that mission such as the requirement to employ residents from the local communities and yet CRS would require that the local community is trained to work. CSR appears to be an emerging is...