The Kampala Law Monthly Magazine

08/05/2019

Breaking/Alert: The Constitutional Court has ruled S27(a) of the Police Act to be unconstitutional, in as far as it gives power to the Police to summon a suspect/accused to produce documents.

The Court held that this would amount to self-incrimination.

14/12/2018

QUOTE OF THE DAY:
"The power of a Lawyer lies in the Uncertainity of the law" -

THE KAMPALA LAW MONTHLY MAGAZINE

14/12/2018

Ugandan Litigation Tips:

Very little is to be gained by telling the opposite side that they are "wrong" or that they have "misapprehendedn the facts" or that they've failed to understand". These types of phrases get in the way of settlement.

12/09/2018

The Supreme Court has substituted costs of 80 million for 6 million as instruction fees that was granted by the Constitutional in Muwanga Kivumbi V Attorney General Civil Reference No. 38 of 2017.

In overturning the order of the Constitutional Court, Justice Ruby Opio-Aweri said that the volume of the work and research put in by counsel, the Importance of the case made instruction fees of 6 million manifestly very low.

This was a public interest case, it’s now clear that costs can be granted in the cases, when its reasonable to do so.

05/09/2018

The first ever Benedicto Kiwanuka Memorial Lecture has been organized by Ugandan’s judiciary, and it will take place every September 21st of the year.

The lecture will take place at the compound of the High Court Criminal Division. The keynote speaker will be the former Chief Justice Samuel Wako Wambuzi.

This year marks 46 years since Uganda’s 4th Chief Justice, after 1962 was kidnapped and was never seen again.

03/09/2018

The Court of Appeal has applied S 62 (1) of the Contracts Act, which provides that penal provisions in Contractual documents shall be valid if they are reasonable.

The facts of the case occurred before the enactment of the Act, the Court recognized the fact, and used common law on penal clauses.

Lord Roskil in Exports Credit Guarantee Department V Universal Oil Products company Ltd [1983] 1 WLR 399;

Stated the purpose of a penal clause in common law.

“Perhaps the main purpose of the law relating to penal clauses is to prevent a plaintiff recovering a sum of money in respect of a breach of contract committed by a defendant which bears little or no relationship to the loss actually suffered by the plaintiff as a result of the breach by the defendant.”

Delux Enterprises Ltd V Uganda Leasing CO. Ltd C**A No. 13 of 2004 ( 29th August 2018).

03/09/2018

The Law Development Centre (LDC) Admissions Board has this morning admitted 659 students to attend the 2018/2019 academic year of the bar course.

Among them are students from 2015 (3), 2016 (3), 2017 (29) and 2018 (624) pre-entry examination sitting lot.

The said students will be distribution to the two campuses of LDC. The traditional Kampala campus will take 451, and the new campus will take 208 pioneer students.

28/08/2018

Deputy Chief Justice of Kenya Philomena Mwilu has been arrested on charges of Corruption, abuse of office and tax evasion.

28/08/2018

The Kenyan Cabinet Secretary banned Sh**ha by a Legal Notice on 27th December 2017, the Kenyan High Court recently upheld the ban.

Justice R.E Aburili said this;

At Para 121-123, “This court is also aware that to***co or Sh**ha addicts may not necessarily entirely be free to choose whether to continue smoking or not. They are people who need help.

It therefore follows that liberty can be restricted to protect citizens from harmful or potentially harmful or addictive effects of Sh**ha smoking. No country should be forgiven for presiding over a dying population.

Further, it is my humble view that an economy that preys on a citizen’s life and limb violates the very rights of those citizens to live and live healthy lives.”

22/08/2018

What amounts to a sufficient cause in Civil proceedings. The Supreme Court states that;

“...the sufficient cause must relate to the inability or failure to take the necessary step within the prescribed time... if the applicant is found to be of dilatory conduct, the time will not be extended... it is not necessary for the applicant to establish that the appeal has good chances of success, but where the fact is established, the Court will normally take it into account. ”

Mulindwa v Kisubika (SCCA. NO. 12 OF 2014) [2018] UGSC 38 (2 August 2018).

14/08/2018

The High Court Ex*****on and Bailiffs division has moved to Crusader House, Plot 3 Portal Avenue Kampala. It is between Shumuk & Workers House.

14/08/2018

The Kenyan Supreme Court has ruled as a violation of the right to dignity the refusal to register Engineers by the Engineers Registration board, on grounds that the University’s the students in question studied in was not accredited.

Kampala Law Monthly Magazine.

At Para 133, Justice P.M Mwilu in an interesting tone said;

“We find merit in the petitioners’ assertions that their failure to be registered as graduate engineers has exposed them to societal ridicule as being “second class” and/or unqualified engineers. It was argued that some took up casual jobs as supermarkets tellers and clerks. With total deference and without disregard to the noble work that supermarket tellers and clerks do, in the case of the petitioners, we find them, trained engineers, being forced to undertake these tasks which they did not study for at the universities, as an affront to their dignity. To the extent that it is the Board that failed to register them in sheer overstepping and misinterpretation of its mandate, we find the Board liable for violation of the petitioners’ human dignity.”

Martin Wanderi & 106 others v Engineers Registration Board & 10 others [2018] eKLR

14/08/2018

The Kenyan Supreme Court on costs, saying they shouldn’t be used to punish the losing party.

“So the basic rule on attribution of costs is: costs follow the event. But it is well recognized that this principle is not to be used to penalize the losing party; rather, it is for compensating the successful party for the trouble taken in prosecuting or defending the suit.”

Kampala Law Monthly Magazine.

Martin Wanderi & 106 others v Engineers Registration Board & 10 others [2018] eKLR

14/08/2018

“Fiat Justitia ruat Caelum”

Translated as;

Let justice be done though the heavens fall.

Good morning.

13/08/2018

The Supreme Court receives the Appeal from the Age-Limit case, filed by one of the former petitioners, Mr. Male Mabirizi.

03/08/2018

Should it be left to doctors, as a matter of good practice or it must be made a legal requirement.

“...a doctor cannot lawfully operate on adult patients of sound mind, or give them any other treatment involving the application of physical force… without their consent, and if he were to do so, he would commit the tort of trespass to the person but that, in the case of a patient who lacked the capacity to consent to treatment, a doctor could lawfully operate or give other treatment provided that it was in the best interests of the patient...”

The common law position as stated in

In re F (Mental Patient: Sterilisation) [1990] 2 AC 1 and Airedale NHS Trust v Bland [1993] AC 789.

03/08/2018

LEARNED PRACTICE!
The phrase “with the greatest respect” is unctuous, insincere, patronizing, and verbose. It could even be deeply disrespectful: the lawyer expects the judge to judge his deference on mere words.
Lawyers should show their respect to the Bench by their overall attitude, behavior, ethics, and professionalism, not by hyperbolic superlatives.

Using “greatest respect” language, only to turn around and lie to the Court, is deplorable.
©The Kampala Law Monthly Magazine

30/07/2018

The High Court in South Africa (South Gauteng) has ruled that the decision of the Minister of Foreign Affairs (Maite Nkoana-Mashabane) to grant immunity to Grace Mugabe is unconstitutional.

It’s said Grace assaulted a model she found in her sons hotel room, and when the police started investigations, she pleaded Diplomatic immunity, which was later granted by the Minister.

Heads of state who killed or injured people in South Africa don’t qualify for immunity under the Foreign States Immunities Act.

29/07/2018

JUDICIAL REFLECTIONS:
“It is trite law that there is no such a thing as an inherent appellate jurisdiction. Appellate jurisdiction must be specifically created by law. It cannot be inferred or implied.”

- B. J Odoki CJ in Baku Raphael Obudra and Obiga Kania versus The Attorney General (Supreme Court Constitution Appeal No.1 of 2005)
©The Kampala Law Monthly Magazine

29/07/2018

Age limit ruling: A thin line between politics and the law

A Thin line between the Constitution and the Law - Ivan Okuda writes.

http://www.monitor.co.ug/Magazines/PeoplePower/Age-limit-politics-law-Remmy-Kasule-Kenneth-Kakuru/689844-4686296-5pu7k1z/index.html

The Constitutional Court on Thursday delivered its judgment in the much publicised constitutional petition challenging the amendment of the Constitution to among others, remove the age limit and

27/07/2018

Male Mabirizi one of the petitioners from the Age-Limit petition filed a Notice of Appeal in the Supreme Court today.

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26/07/2018

Justice Owiny Dollo; “I can deliver my judgement in an empty court, if there is going to be no order. This is a court of justice, not a political rally"

26/07/2018

Court has upheld the Lifting of the Presidential Age-limit and struck-off the extension of the term of Parliament. Three of the four Justices of the Court have done so.

26/07/2018

Justice Kakuru: Having said all that, I declare that the entire amendment was unconstitutional and should be declared null and void. The petitioners shall be paid costs as directed by the Deputy Chief Justice.

26/07/2018

Boom.

Justice Kakuru: MPs nor the President have the political agenda approved by the people to extend their tenure by 2 years. The Amendment was not sanctioned by the people/electorate.

26/07/2018

Justice Kakuru on Consultation: I do not consider two months to be enough for MPs to consult the views of Ugandans.

26/07/2018

Justice Kakuru: As such, by acting without the consultation of the people, to extend their term of office made the amendment VERY illegal.

26/07/2018

Judge Kakuru: I find that there was no public participation whatsoever when parliament was considering amending the Constitution.

26/07/2018

Justice Kakuru: Having been elected for a five-year contract, MPs have no power to amend the constitution for extra two years since the mandate given to them was for only five years.

26/07/2018

Justice Kakuru: Police acted extremely partisan to the extent of criminalising an otherwise legitimate issue.

26/07/2018

‪ Justice Kakuru: A constitutional which is made with the consultation of the people will most likely be defended than one where people are not consulted.‬

26/07/2018

Two Justices have already ruled in favor of lifting the Presidential age-limit and striking down the Extension of the term of parliament.

JJCC Barishaki & Musoke.

26/07/2018

Justice Musoke: Age limit removal is legal because the right of the people to vote stays.

26/07/2018

Orders.

Articles 2, 5, 9, 10 of the constitutional Amendment Act are hereby Declared Unconstitutional.

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26/07/2018

Justice Barishaki: Removal of the Presidential age-limit is Constitutional.