Abdallah Sekibembe

Bankruptcy Source : URSB Bankruptcy is the process by which an insolvent individual is made bankrupt and his or her assets are administered for the benefit of his or her creditors. Accordingly, a bankrupt is a person who has been adjudged bankrupt and whose estate is administered by a trustee in bankruptcy for the benefit of the bankrupt’s creditors. A person is adjudged bankrupt when the court makes a bankruptcy Order against him/her. The bankruptcy Order declares the person bankrupt and appoints the Official Receiver as interim receiver of his/her estate in order to preserve the estate. The bankrupt’s estate then vests first in the Official Receiver and then in the trustee. No transfer documents need to be signed for the estate to vest in the Official Receiver or trustee. Bankruptcy commences on the day on which the bankruptcy order is made. Within 14 days, the Official Receiver must give a public notice that the bankruptcy has commenced and call the first cred...

Liquidation & Official Receiver Source: URSB The office of the official receiver is created by Section 198 of the insolvency Act, 2011. The Registrar General was appointed by the Minister of Justice and Constitutional Affairs as the Official Receiver and mainly deals with issues of individual and corporate insolvencies. The Official Receiver under section 199 of the insolvency Act is mandated to: Investigate the directors, shareholders, contributories and all present and past officers of an insolvent company or of a company which being wound up or liquidated, for the purpose of establishing any fraud or impropriety; Investigate the promotion, formation, failure and conduct of business of an insolvent company; Prosecute any person for offences committed under this Act or discovered to have a case to answer as a result of investigations carried out; Investigate the conduct of insolvency practitioners and to prosecute them for any offences committed; Act during...

Matrimonial Property The law relating to matrimonial property is hinged on the concept of marriage. This law only and strictly applies to married and/or formerly married persons. In Case v Ruguru, court held that since the defendant was not legally married to the plaintiff, she could not base a claim of occupancy on ground that she was the plaintiff’s wife. Marriage is the legal union of a couple as husband and wife (Black’s Law Dictionary pg. 3084). Under Article 31(1) a person of the age of 18 years and above has a right to marry. There are various forms of marriages in Uganda. The forms of marriage recognized in Uganda include marriages conducted in accordance with the Marriage Act Cap. 251, Customary Marriage (Registration) Act Cap. 248, the Marriage & Divorce of Mohammedans Act, Cap. 252, the Hindu Marriage & Divorce Act, Cap. 250 and marriages contracted under or in accordance with any customary law recognized by the law of Uganda. A person can contract a mar...

By : Abdallah Sekibembe SAMPLE QUESTION: Discuss the origin, rationale and nature of the following equitable remedies; specific performance, injunctions, rescission, rectification and tracing According to Martin, 1993, p.03, the term “Equity” is defined in a hypothetical sense to mean that which is fair and just, moral and ethical. Legally, the same author gives it a broader and wider meaning to mean a branch of law which, before the Judicature Act of 1873 came into force, was applied by the court of Chancery. This law laid and witnessed the foundation for the establishment of equitable remedies whose major purpose was to fill the vacuum left by the then existing common law because initially, the common law mode of relief was limited and restricted to damages for an aggrieved party to an action. Due to the inadequate and insufficient nature of these, the courts of Equity (Chancery) introduced a wide range of equitable remedies which were used to supplement the limited ra...

By : Dr. Odhiambo and Mr. Wandera ( Lecturers MUK ) Brief background Under common law, it was a general presumption that the crown could not do anything wrong. In theory the crown could do no wrong therefore no liability could ensue against it. Therefore legal proceedings against government were restricted on this ground because government was her/ his majesty's government. This is what is otherwise referred to as immunity from liability. This old age theory that the King could do wrong ignored the fact that the King had a personal capacity as well as a political. This was inappropriately inherited by almost all erstwhile British colonies, Uganda inclusive. However, common law recognised limited legal liability against government and this could be instituted by way of a royal fiat / petition of right.  Under this procedure, the prospective litigant against the crown could seek permission of the crown itself before he could commence proceedings. Before 1947, in England, an actio...

By : Dr. Odhiambo and Mr. Wandera ( Lecturers MUK)  Discretionary Powers (herein abbreviated as DP) are granted for purpose of attainment of specific objectives in particular legislation. Discretionary Powers must be exercised judicially i.e. in a) Accordance with the law. b) Basing the decision on facts or available evidence. c) Taking into account principles of natural justice. The general principle is that there is no absolute discretion. The law does not expect public officials to do whatever they like from the powers granted to them. Reasons for discretion could be different depending on circumstances that need to be taken into account before reaching a certain decision. Discretion may however be used as a flexible tool of managing public affairs; enabling public officers to make flexible decisions based on circumstances. Like all powers, discretionary powers may be abused and administrative law intervenes where Public Authorities abuse their powers of discretion. ...