Ahimbisibwe Innocent Benjamin

Stanbic Bank (Uganda) Limited versus Nassanga Saphinah Kasule (Court of Appeal Civil Appeal No. 182 of 2021) raises numerous issues which are pertinent for us to understand. Click here to watch the case brief summary   In summary, this case discusses the following major points of law. 1. The Distinction between a Notice of Appeal under Rule 86 and a Notice of Cross Appeal under Rule 91 of the Judicature (Court of Appeal Rules) Directions. 2. The power of the Court of Appeal as the first appellate court in decisions from the Industrial Court. 3. Rights of an employee upon determination and rights upon dismissal for misconduct. 4. The difference between Pleadings and Witness Statements. 5. The significance of sticking to one's pleadings. 6. The Distinction between Exemplary and Aggravated Damages. Case Brief In this instance, the appellant submitted a preliminary objection under *Rule 86* to the striking out of a Notice of Cross Appeal, but the court overruled it, underlining that *R...

The maxim of ‘approbate and reprobate’ reflects the principle whereby a person cannot both approve and reject an instrument, often more commonly described as blowing hot and cold.  Watch the doctrine summarized here The doctrine of approbate and reprobate in common parlance can be understood to signify the proverb that ‘you can’t eat your cake and have it too!’. It traces its roots to laws of Scotland and is essentially a principle of equity. It is further based on the rule of estoppel. .Further,the principle of approbate and reprobate is based on the maxim “allegans contraria non est audiendus”, which means that when one utters statements contradictory to one another the same shall not be heard. In Scots Law The Scottish doctrine of approbation and reprobation provides that a person cannot both assert his rights acquired from part of a document and reject the rest of the document at the same time. In practice, the application of the doctrine has traditionally been limited to the a...

The Rotary Club is a global service organization that operates in so many parts of the world, Africa and Uganda inclusive.   It is a non-profit organization made up of community leaders and volunteers who work together to address various social issues and promote goodwill. In Uganda, the Rotary club plays a significant role in supporting local communities through various initiatives, such as providing access to clean water, improving healthcare facilities, supporting education, and promoting economic development. Their efforts contribute to enhancing the quality of life and fostering positive change in the region. After studying comparatively, the systems of operation of two Rotary clubs i.e. Entebbe Rotary Club (RC) and Nkumba RC, I have this observation that best practices for RC's (Rotary Clubs)  focused on ideas of hope and change involve fostering a positive, forward-thinking environment while making a meaningful impact on the community.  Below are some suggestions: ...

  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 prim...

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 Punishm...

 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.