Abdallah Sekibembe

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. ...

By : Dr. Odhiambo and Mr. Wandera ( Lecturers MUK) Public Authority (ies) herein abbreviated as PA can only exercise legally powers which they have under the law. Ultra- vires arises where a P.A exercises powers illegally. It may be substantive which means that a P.A did not have powers it purported to exercise. It may also be procedural in the sense that public authorities adopt procedures which are not provided for under the law i.e. it ignored the established procedures. Substantive Ultra-vires It a rises where a P.A exercises powers or functions which are not granted by the relevant statute / law. Courts may be called upon to intervene where a public authority exercises powers which are not granted and courts can give appropriate remedies after interpreting the provisions of the relevant statute e.g. ultra-vires will arise on grounds of jurisdiction. In Re: Abdalla Salim Ali (1967), the principal immigration officer wanted to deport the plaintiff. The plaintiff pleaded that he w...

By : Dr. Odhiambo and Mr. Wandera ( Lecturers MUK)  Art 42 of the 1995 constitution provides that any person shall have the right to apply to a court of law in respect of any administrative decision taken against him/ her. In addition to the courts of law; there are other institutions and procedures a person may resort to if aggrieved by an administrative decision. Accordingly, administrative remedies may be classified into 2; 1. Judicial remedies. 2. Non- judicial remedies.                 JUDICIAL REMEDIES This refers to remedies that an aggrieved party may obtain from a court of law, in most cases the high court. Section 33 of the Judicature Act Cap (13), provides that the High Court shall, in the exercise of the jurisdiction vested in it by the Constitution, this Act or any written law, grant absolutely or on such terms and conditions as it thinks just, all such remedies as any of the parties to a c...