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MONEY LENDING, MORTGAGE OR SALE? THE DO'S AND DON'TS IN MONEY LENDING

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  MONEY LENDING, MORTGAGE OR SALE?   THE DO'S AND DON'TS IN MONEY LENDING Abstract M oney lending business today continues to be highly infested with lawless participants and masquerading business men purporting to be money lenders whereas not. accordingly, many people and lawyers inclusive have found it quite puzzling to draw a line between which law should most appropriately apply to the particular set of facts imminent to them; whether the mortgages Act, 2009 or if the transaction is governed by Tier 4 Microfinance Institutions and Money Lenders Act, 2016. The complexity comes with the fact of consistency of the on-going trickery between people purporting to be money lenders without a license. Confusion remains prevalent today on who is who in a situation bearing facts of purported money lending, with signed transfer forms deposited. Below here is an attempt to address this issue. It also provide quick notes on what is and what should not be done by a

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

METHODS OF DISPOSAL OF PUBLIC ASSETS BY A PUBLIC PROCUREMENT ENTITY

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DISPOSAL   s.3 of the ppda , defines disposal as the divestiture of public assets including intellectual and proprietary rights and good will and any other rights of a procuring and disposing entity by any means, including sale, rental, lease, franchise, auction or any combination however classified   the disposal process is defined as the successive stages in the disposal cycle including planning, choice of procedure, measures to solicit offers from bidders, examination and evaluation of those offers and award of contract.     methods of disposal  s.79 (1) of ppda requires that the choice of a procurement or disposal method must first be approved by the contracts committee  under s.87 (1) the methods of disposal of public assets include public auction public bidding direct negotiation sale to public officer destruction of the asset conversion or classification of assets into another form for disposal by sal trade-i transfer to another procuring and disposing entity donation A1. public

ENTIRE CIVIL PROCEDURE & LITIGATION IN SUMMARY

  CIVIL PROCEDURE PRACTICE   1.     COMMENCEMENT OF PROCEEDINGS:   (1) Civil Procedure Act:  S.2 definition section manson house case.  S.3 Affirmation of powers of court to hear cases unless limited otherwise by law. S.19 every suit shall be instituted in the manner required by the law.   (II)     Civil Procedure Rules  (as amended)      0.4     Institution of suit by presentation of plaint to the court, and     entry on register.  R1. Court fees must be paid (look at decided cases)                              0.36:         Summary procedure on specially endorsed plaint, judgment in default, setting aside decree.   0.37:          Circumstances of originating summons, trustees etc vendor of land, mortgage member of partnership, discretionary nature of order there under.       0.38:         Company matters except winding up, application by petitions, r.3    Application by motion: rectification of register or summons in    chambers r.4    Applica