Posts

Showing posts from February, 2023

Computing the time to file an appeal

Image
 Therefore it is not fatal that an appeal is filed before extracting a decree.  This is because; whereas a decree appears to be a summary of the judgement, the judgement is more elaborate on the trial court's findings and reasons therefore.  This  has been discussed in Post Bank (U) Ltd. V. William Barigye (CACA 301 of 2018)  Whereas it is true that section 79 of the Civil Procedure Act is couched in Mandatory terms, the facts of this case are that are that 27th May 2017 was a Sunday. 

QUICK TIPS: DIVORCE IN ISLAM MARRIAGES

Image
 DIVORCE IN ISLAM MARRIAGES The Islamic religion protects the sanctity of marriage and considers the family a basic unit of society. Although reconciliation between couples is recommended, divorce is an option that is open and available to married couples in the Islamic faith.     The Marriage and Divorce of Muhammedans Act allow people of the Islamic faith to divorce following the norms and values of the Muslim religion. As such, unlike other forms of divorce, in Islam, there are types of divorce which include Talaq, Khul or Mabaraah.     The grounds for divorce in Islamic marriages depend on the type of divorce. For example, in Mabaraah, a husband and wife petition for divorce on the mutual agreement to end the marriage. In Talaq, a husband may file for divorce on the grounds of adultery, insubordination, disobedience and unreasonable denial of sexual intercourse by the wife. Khul, on the other hand, is where a wife is unwilling to continue with a marriage on the grounds of sexual di

DOCTRINE OF INORDINATE DELAY & THE DISCRETION OF COURT

Image
Inordinate Delay causing Dismissal of cases; A legal opinion.    In the criminal justice system, every accused has a right to due process and to speedy disposition of cases. Parties to a suit are supposed to act within all means to ensure that litigation is not elongated to a lifetime project as this comes with a strain of expenses to both parties. The justice process today is greatly hindered by non-co-operative, negligent and dilatory litigants, which oftentimes prejudices the interests of a litigant not in default.  “It is trite law that justice is both for the Plaintiff and Defendant.” It is good practice that any litigant should from the start of litigation, be mindful of the other party’s ardent need for a remedy. In Ketti Nakanja v. Yafesi Wamala & Anor HCMA No. 001/2019 court stated that it is unfair for the Plaintiff to file a suit and take 14 years in Court without conclusion of the suit.” Inordinate delay to prosecute matters has proved hazardous to the justice sought b