Ahimbisibwe Innocent Benjamin

  THE LOOPHOLES IN THE PRINCIPLE OF NON-USE OF FORCE AS LEGISLATED IN INTERNATIONAL LAW   Introduction “ No principle of the Charter is more important than the principle of the non-use of force as embodied in Article 2, paragraph 4 ….Secretaries General confront many challenges in the course of their tenures but the challenge that tests them and defines them inevitably involves the use of force.” [1] The use of force The prohibition against the threat or use of force is the cornerstone of the UN Charter, article 2(4) of which stipulates that: All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations. For the core objective of international peace to be achieved, the United Nations Charter 1 provides for various organs to help in its realization. The United Nations Charter is the primary sourc

The unique organisation of Jamaica's government People are often caught in wonder as to how, why and whether or not Jamaica has a president.  (A photo of Rt. Hon. Andrew Holness the prime minister of Jamaica) Yes, it is true that Jamaica does not have a president. Jamaica is a parliamentary democracy with a constitutional monarchy. This means that the monarch of Jamaica, currently Queen Elizabeth II, is the ceremonial head of state, represented in Jamaica by the Governor-General, who performs ceremonial and symbolic functions on behalf of the monarch. The head of government in Jamaica is the Prime Minister, who is the leader of the political party with the majority of seats in the House of Representatives, the lower house of the Jamaican parliament. The Prime Minister is responsible for leading the government, setting the policy agenda, and overseeing the implementation of policies and programs. While the Governor-General has a role in the formation of the government, including app

  Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda (2005)   SUMMARY OF THE CASE On 23 June 1999, the Democratic Republic of the Congo (DRC) filed in the Registry of the Court Applications instituting proceedings against Burundi, Uganda and Rwanda “for acts of armed aggression committed . . . in flagrant breach of the United Nations Charter and of the Charter of the Organization of African Unity”. In addition to the cessation of the alleged acts, the DRC sought reparation for acts of intentional destruction and looting and the restitution of national property and resources appropriated for the benefit of the respective respondent States.   In its Applications instituting proceedings against Burundi and Rwanda, the DRC referred, as bases for the Court’s jurisdiction, to Article 36, paragraph 1, of the Statute, the New York Convention of 10 December 1984 against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Montr

 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