Case knots

#EmploymentLaw #LabourLaw #ConstructiveDismissal #Kenya A SIGNATURE DOES'T MAKE A “MUTUAL” SEPARATION TRULY MUTUAL. An employer cannot use a “mutual separation” agreement to escape liability for an unlawful termination. READ; Mosongo v Pathologists Lancet Kenya [2024]KEELRC 13313

#AffidavitOfService #ECCMIS Do not assume that a notification/matter appearing on ECCMIS automatically means effective service has been achieved. Monitor ECCMIS, but also scrutinise the record, notifications and affidavits of service...

#DataProtection #Privacy #DigitalRights #Nigeria🇳🇬 Manipulating and republishing a person’s social-media post in a manner that makes their personal data false or misleading can amount to unlawful processing and violate the constitutional right to privacy.

The legal framework governing the registration of NGO's in Uganda does not accord preferential treatment to any particular incorporation vehicle. Rather, it establishes a uniform registration process for all organisations seeking recognition under the NGO Act.

#SuccessionLaw #Inheritance #FamilyLaw #LegalInsights 𝘾𝙖𝙣 𝙖 𝙬𝙤𝙢𝙖𝙣 𝙞𝙣 𝙖𝙣 𝙞𝙣𝙫𝙖𝙡𝙞𝙙 𝙢𝙖𝙧𝙧𝙞𝙖𝙜𝙚 𝙞𝙣𝙝𝙚𝙧𝙞𝙩 𝙝𝙚𝙧 𝙝𝙪𝙨𝙗𝙖𝙣𝙙'𝙨 𝙚𝙨𝙩𝙖𝙩𝙚 The High Court of Kenya has answered yes—at least for purposes of succession. ultimatepost.dantty.com/post…

𝐂𝐚𝐧 𝐚 𝐜𝐨𝐦𝐩𝐚𝐧𝐲 𝐞𝐬𝐜𝐚𝐩𝐞 𝐢𝐭𝐬 𝐥𝐢𝐚𝐛𝐢𝐥𝐢𝐭𝐢𝐞𝐬 𝐛𝐲 𝐬𝐢𝐦𝐩𝐥𝐲 𝐬𝐭𝐫𝐢𝐤𝐢𝐧𝐠 𝐢𝐭𝐬𝐞𝐥𝐟 𝐨𝐟𝐟 𝐭𝐡𝐞 𝐫𝐞𝐠𝐢𝐬𝐭𝐞𝐫? The High Court of Kenya recently answered that question with a firm 𝗡𝗼 share.google/nfyo85EdW34nlUI…

Court underscored the following prerequisites:

#SuccessionLaw 𝗪𝗵𝗲𝗻 𝘄𝗶𝗹𝗹 𝗖𝗼𝘂𝗿𝘁 𝗴𝗿𝗮𝗻𝘁 𝗟𝗲𝘁𝘁𝗲𝗿𝘀 𝗼𝗳 𝗔𝗱𝗺𝗶𝗻𝗶𝘀𝘁𝗿𝗮𝘁𝗶𝗼𝗻 𝗣𝗲𝗻𝗱𝗲𝗻𝘁𝗲 𝗟𝗶𝘁𝗲? Court in Kyagaba George William v Kivubuka Achileo & Anor, has clarified the limited scope of grants issued under S.214 of the Succession Act⬇️

The boundary between legal consultancy and unlawful legal practice is defined by the nature of the service and the capacity in which it is provided, not merely by the act of drafting words on paper.

Court held that not every act of drafting a legal document amounts to unlawful legal practice. The critical issue is not simply who prepared the document, but rather:👇

#LegalPractice #LegalEthics ⚖️ When does legal drafting become unlawful legal practice? In Damons N.O & Another v Bezuidenhout (121475/2024) [2025] , Court considered whether a person who's not admitted as an advocate could lawfully provide drafting & consulting services.

#CommercialLaw #ContractLaw #Litigation #CorporateLaw #LegalPractice When does the absence of a written contract become fatal? A recent High Court decision in Jan Mohammed Enterprises Ltd v Prism Construction Ltd ( C.S No.13 of 2027) [2026] offers an important lesson.

#DefamationLaw #DigitalCommunications Workplace communications concerning employee misconduct must be handled carefully, responsibly, & should be based on verified facts. WhatsApp communications can constitute libel where they are published to third parties and damage reputation.

#HumanRights #48HourRule There is no exception to the 48-hr constitutional rule: a suspect must be produced in court within 48 hours of arrest, or be released on police bond. Failing this makes the detention unlawful & unconstitutional, giving the victim a right to compensation

#SuccessionLaw #LocusStandi 🍓Once a Lawyer's Client dies, the Lawyer ceases to have instructions. Read: 📌Muhumuza and 2 Others v Mbabulima (Civil Suit No. 38 of 2022) [2023]  ulii.org/en/akn/ug/judgment/…

Court has rejected an employer’s attempt to stretch a 6-month probationary period beyond its lawful end. Calculating from the date of assumption of duty, Court held that termination after the lapse of probation couldn't be justified under S.67 of the Employment Act.

#ContractLaw #Covid19 #ArbitrioBoniViri #PactaSuntServanda Court has held that a purchaser cannot retrospectively cut a fixed contract price via a general adjustment clause or even by citing Covid-19. Discretion is subject to arbitrio boni viri (objective reasonableness)

A litigant who claims illiteracy but later authors documents in English may be recalled for further cross-examination in the interests of substantive justice. 📌 Centenary Rural Development Bank (U) Ltd v Bwayo Mathew M.A 749 of 2025 [2026] #UgandaLaw #CivilProcedure