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Limitations: Can A Holder Of Powers Of Attorney Sue Or Defend On Behalf Of The Donor?

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The unanswered Question:  Despite the many opinions and articles on this topic, many have left a question hanging on the extent to Which Powers Of Attorney Give A Donnee, Power To Sue On Behalf Of The Donor. Can The Donnee Sue Or Defend On The Donor's Behalf? Can He Appear In Court As Claimant Or Defendant On The Donor's Behalf? A Power Of Attorney Is A Legal Document That Allows One Person To Act On Behalf Of Another. It Is Often Used In Legal, Financial, Or Medical Matters. Powers Of Attorney Can Be General Or Limited. By The Supreme Court Holding In Fredrick Zabwe V. Orient Bank (U) Ltd. SCCA No. 4/2006, It Is Imperative To Note That A Donee Of A Power Of Attorney Acts As An Agent Of The Donor And Should Do So For The Donor's Benefit. Well, More About Powers Powers Of Attorney Is Well Covered In Other Writings. In A 2021 Decision By The Supreme Court Of New York, Appellate Division Second Department In Discover Bank V. Gilliam 199 A.D.3d 645 (N.Y. App. Div. 2021), The Ba

THE PROCESS OF WINDING UP A COMPANY OR BUSINESS IN UGANDA: All you need to know

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Winding UpWinding up is the process of dissolving a business by selling off its assets and satisfying the creditors from the proceeds of the sale. A company may wind up for different reasons amongst which are insolvency, upon satisfaction of its objects under the Memorandum, but whatever the reasons, legal procedures need to be undertaken to minimize the risk to your personal assets, estate, and credit. Here are some considerations you would need to pay attention to to shut your business down legally. Modes of Winding Up You may liquidate your company and use the company assets to pay off its debts, any money left goes to shareholders. Voluntary winding up which can either be; 1. Member’s voluntary liquidation – this is for a solvent company (can pay its debts) initiated by the company members. 2. Creditors’ voluntary liquidation – this is for an insolvent company (can’t pay its debts) initiated by members of the company after meeting the creditors of the company. Liquidation of a comp

Steps to aquire a leasehold certificate of title

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 Steps To Acquire A Leasehold Title In Uganda In Simple Terms, A Land Lease Is An Agreement That Permits The Tenant To Use A Piece Of Land Owned By The Landlord In Exchange For Rent. It Is A Form Of Land Tenure Involving A Land Owner Granting The Right To Another Person, The Exclusive Possession Of Land For A Stated Time In Exchange For A Premium (Land Rent) Also Paid At A Specific Time Agreed. In This Article, We Shall Discuss The Steps Involved When Applying To Acquire A Leasehold Land Title. Step One: At The District The Application Shall Pick, Fill And Submit Form 8, Form 10, Form 18 And Form 23 From The District Land Management Office Or District Land Board (DLB) For Processing. After Processing, The DLB Will Return The Fully Completed Forms To The Applicant For Onward Submission To The Ministry. Step 2: Requirements Forms 8, 10, 18, 23, A Set Of 3 Authentic Deed Plans, 3 Passport Photographs, Receipts Of Payment, Forwarding Letter Requesting For A Leasehold Title Signed By The Di

The six major legal issues in Stanbic Bank (U) Ltd. Vs. Nassanga Saphinah Kasule (C.O.A CA. No. 182 of 2021)

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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

Doctrine of Approbation and Repprobation in Uganda

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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 area

Best practices to rekindle Rotary activities and revamp clubs' governance

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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: Some of th

THE LOOPHOLES IN THE PRINCIPLE OF NON-USE OF FORCE AS LEGISLATED IN INTERNATIONAL LAW

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  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