Posts

Public Trust Doctrine; Key Cases & Environmental Law Aspects

Image
Public Trust Doctrine in Uganda. The government by virtue of article 237 and   objective 8 of the National Objective and National Policy is responsible for mineral ownership .   The state is mandated to protect important natural resources, including land, water, wetlands, minerals, oil, fauna and flora on behalf of the people of Uganda since they are for the benefit of all people. NB: the term "public trust doctrine" in the constitution is not expressly mentioned however it is inferred from practice and supportive literature. it is made operational under sec. 5 of the National Environmental Act which operationalizes article 237(2)(b) of the 1995 constitution.  The concept has been   recognized in Uganda and has been tested in several cases under public interest litigation. The first time the doctrine was tested before the courts of law was in 2004 in Advocates Coalition for Development and Environment V Attorney General (Misc. cause no 0100 of 2004 .   In this case Kakir

The difference Between a "HOLDER" and a "HOLDER IN DUE COURSE:" The Law & Practice in Uganda

Image
Introduction The position of a holder is very important in the law of banking in the operation of bills of exchange because it is they that these instruments are issued to by a drawer. It is from a holder that we get the type “holder in due course” but both are embodied in the Bill of Exchange Act. [1]   This paper will look into how one becomes a holder in due course, the rights and privileges that accrue from this position and then I will give the differing provisions from the English law to that of Uganda’s law. Definitions A  bill of exchange  is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person or to bearer [2] . According to Section 1(i) Bills of Exchange Act [3]  ,  “a  holder  means the payee or endorsee of a bill or note who is in possession of it, or the bea