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Showing posts with the label ahimbisibwe innocent

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

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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

FUNDAMENTALS OF CRIMINAL LAW: CAUSATION

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FUNDAMENTALS OF CRIMINAL LAW  Causation  Refers to the enquiry as to whether the defendant's conduct (or omission) caused the harm or damage. Causation must be established in all result crimes. Causation in criminal liability is divided into factual causation and legal causation. Factual causation is the starting point and consists of applying the 'but for' test. In most instances, where there exist no complicating factors, factual causation on its own will suffice to establish causation. However, in some circumstances it will also be necessary to consider legal causation. Under legal causation the result must be caused by a culpable act, there is no requirement that the act of the defendant was the only cause, there must be no novus actus interveniens and the defendant must take his victim as he finds him (thin skull rule). Factual causation Factual causation is established by applying the 'but for' test. This asks, 'but for the actions of the defendant, would

COMPUTER MISUSE LAW IN UGANDA; A threat to the Entertainment Industry

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A threat to the Entertainment Industry Following the inception of the Computer Misuse (amendment Act) 2022, several analysts have critiqued it in the legal and political direction and no doubt, have managed to elaborate the great mischief it carries along in the lanes of realizing political and social freedom. (Members of Uganda Musicians Association gathered for national prayer day on Nov. 2, 2022 at Rubaga Cathedral in commemoration of their deceased fellow artistes) That notwithstanding, a musician, socialite alias “slay queen/king,” social media influencers and any member of the entertainment industry to which I belong, is most likely to be affected adversely. Notably, today’s web and the new media underpin the ability to create instant communication sensations. From Facebook, YouTube, Twitter, Tiktok, Instagram and a collection of blogs, a news statement can advance from zero to 20 million viewers overnight. The viral nature of this highly social, user-driven environment enab

KEY CHANGES IN THE SUCCESSION ACT CAP 162 AS OF 2022

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Parliament has passed amendments to the Succession Act bringing in new provisions and aligning the law with recent court judgments that challenged the constitutionality of some sections. While at the bill stage, Clause 21 of the Bill amended Section 2 of the Act by way of repeal, to remove distinctions between children, who were classified as those born in and out of wedlock for intestate estates. There are many more changes visible in inheritance portions of an intestate and in guidelines for a testator when drafting their will.  Behold a summary of the Key changes in the Succession Act as of 2022 Intestate person -Surviving spouse gets 20% -Lineal descendants 75% -Dependant results 9% -Heir 1% -20% of estate to be reserved for minors & dependant relatives. Residential holding 1. Shouldn't be distributed  2. Goes to Surviving spouse. 3. Once spouse dies house goes to linieal descendants who hold it as tenants in common  Everything subject to the rights of occupancy  If spouse

ELECTION PETITIONS DEMYSTIFIED; Affidavits' Rule, Nullification, Remedies, Offences, etc...

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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 supported by the signatures of no