Ahimbisibwe Innocent Benjamin

YEAR 3 - LLB NOTES: CHARGES AND INDICTMENTS    CHARGES AND INDICTMENTS    What is a charge? A charge is a formal written accusation of an offence drawn up either by a police officer or a magistrate and signed by a magistrate to be used in a magistrate’s court as a basis for trial or preliminary proceedings. Where the charge is filed in the high court, it is called an indictment. A charge sheet is for the magistrate’s court as an indictment is for the high court. What is an indictment? An indictment is a formal written accusation of an offence drawn up and signed by the DPP and filed in the registry of the high court to be used as a basis for trial in that court.  The purpose of the charge is to state concisely the offence the accused is alleged to have committed and also to bring to the accused ’s knowledge the nature of the offence brought against him or her in order for him to prepare his defence. The difference between a charge and an indictment is one of...

WHEN A DEBTOR MAY PETITION FOR THEIR OWN BANKRUPTCY  A debtor has been described as one who owes an obligation to another, especially an obligation to pay money. A bankrupt person is one in respect of whom a bankruptcy order has been made per Section 2.    Who can petition for bankruptcy ?  Where one being the debtor, is unable to pay their debts, they may petition for their bankruptcy subject to section 20(1). This is also stated under regulation 7 of insolvency regulations which states that a debtor may petition court for his or her bankruptcy where the debtor has been served with a statutory demand and is unable to comply with the demand or is unable to pay his or her debts).  This is also termed as voluntary bankruptcy. Other persons that can petition for bankruptcy may be creditors under sec. 69, directors under sec. 271 and members of the company under sec. 62 as seen in Re Imperial Investment Finance Ltd However in a bid to safeguard creditors’ inte...

In instances where for instance, body organs have been held out for commercial realization benefits, it is inevitable to meet logger heads with issues of “who owns what and why?” this is imminent because at a certain point under a surrogacy practicing environment where we see sperm banks being depots for surrogacy purposes, a vigilant activist would wish to exercise their claim by for instance seeking a benefit or compensation from commissioning parents for his/her genetic contribution . Take an example; a commissioning spouse could be known for giving birth to albinos and owing to the gene contribution of a surrogate, this fact is escaped. Can this surrogate later claim an award for their fortune occasioned upon the commissioning parents? Arguments for this are not only built in surrogacy but also owing to prevalent issue of blood sale and donation, sale of body organs, among others which could form grounds for future litigation. A question will arise on; Whether a surrogate mothe...

Health, the engine of economic growth. A second leading African nation in budget transparency; Uganda swims in the fragrance of honor for observing the democratic principle of participation and inclusion. We share greater hope that with the recent government exhibition of co-operation with Civil Society organizations, the national budget reading day shall in future be a day of great pleasure and excitement; surely where there’s a will, there’s a way. The health sector is inevitably the driving force behind every economy’s growth though, it suffers belittlement in various ways. The “people” form the engine to lubricate the wheel of economic growth. Therefore their physical and mental welfare accounts to their productivity. By population health, I consider the state of being free from physical or psychological disease or malfunction. The good news is that Uganda has been recently marked a country with the most active population. However this leaves without mention on the people’s welfar...

ANALYSIS ON THE REVOLUTION IN LAW THEORY IN UGANDA In commencement of my essay, I quote the words of Sir Ivor Jennings in his article in the Institutional Theory that. “the task which many writers on jurisprudence attempt to fulfill in defining law is a futile one for according to me (sir ivor), ‘ law has no definition except in a particular context.” Therefore according to me and in this contextual question, I define law as a mandatory rule defining the conduct of people in a given society.  These rules can either be written down by statute or simply inherited courtesy of the existing customs. as prior mentioned, law is not limited to one definition as many as its universal application has given rise to tremendous essays describing it since its perceived differently by various schools of thought inter alia the natural law school, marxist school, historical school, realist school, positivists.   The first school of thought that attempted to define law was the natur...

IS IT POSSIBLE TO SET ASIDE AN EX-PARTE JUDGMENT?  Often times in my interactions with law students, I have been asked questions like; what can I do for my client if the other party obtains an ex parte judgment in my absence? To clear the inquisitiveness, I have published the approach for this situation; Order 21 rule 1 requires that in suits where a hearing is necessary, the court, after the case has been heard, shall pronounce judgment in open court, either at once or on some future day, of which due notice shall be given to the parties or their advocates. However, it’s trite to note that in certain instances, only one party could be available in court. A judgment once pronounced in such a situation is referred to as an ex parte judgment. Court may decide to proceed with for instance the plaintiff’s matter when the defendant refuses or by any other reason, fails to enter appearance in courts of law.   A judgment per se, is construed to me...

THE LAW VERSUS THE RIGHT: AN ANALYSIS OF THE CYBER LAWS GOVERNING UGANDA. The existence of cyber law is a necessary hindrance to one’s freedom of speech and expression and has molded the digital discipline of Ugandans who have now had to melt their excitement over the digital era. Currently, actions that threaten the enjoyment of online freedoms and rights in Uganda are stemming from the existing cyber legal framework. The Ugandan cyber legislation gives government and its agencies unlimited powers with regard to procuring surveillance equipment and criminalizing gadgets (computers) as well as Internet content. Their powers range from illegally ordering Internet service providers to block certain social platforms to signing secret memorandum of understanding among government agencies to share information about Internet users and published content in order to enforce the Ugandan cyber legislation. Harassment of online activists by police has also been reported These developments ...