Ahimbisibwe Innocent Benjamin

 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. 

 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

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

  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  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

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

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