AGGREY BAZIRAKE

Justice Mubiru ✍ A debt whose repayment terms are unknown is not definite✍️A loan without a repayment date is not a definite debt; it is an undefined obligation of uncertain character. ✍️ Banks do not typically disburse large sums in cash without documentation. ✍️If the borrower disappeared immediately after receiving the loan, the defendant has a duty to mitigate its loss by pursuing the borr- ower, enforcing its security, or taking legal action. ✍️an inaction of over 24 years is inconsistent with a genuine creditor-debtor relationship and suggests either that no loan was made or that the defendant’s security was so doubtful that it preferred to wait ✍Due to the high incidence of fraud associated with land transactions, the mortgagee is under duty to carry out due diligence before advancing the loan to ensure that it does not involve legal risks. ✍️A lending institution that accepts security without basic due diligence cannot claim the protections of a bona fide enumbrancer without notice. ✍️A prudent bank should ask itself why a person would give away his property to secure the borr- owing of another for a transaction in which he had no interest at all. ✍️A bank must verify the legitimacy of transactions and the scope of powers of attorney; negligence can imply complicity. Appearances; For the plaintiffs : M/s. Tumwebaze, Kasirye & Co. Advocates. For the defendant : M/s GP Advocates. Case Link: ulii.org/en/akn/ug/judgment/…

Justice Wabwire Dismisses Election Petition✍️ jurisdiction and cause of action are not gifts of the parties✍️They may be raised as Preliminary objections at any stage✍️The Court is not required to wait upon written submissions, or upon a further adjournment before it does so. ✍️The objection is a point of law which may be raised by a party at any stage of the proceedings or _suo motu_ by Court. Order 6 rules 28 and 29 of the Civil Procedure Rules permit a point of law to be raised on the pleadings and, if it disposes of the whole suit, to be decided at once. ✍️The Petitioner's contention that the objection is a mere technicality is misconceived. Want of a cause of action is not a technicality. It goes to whether the petition is properly before the Court at all. ulii.org/en/akn/ug/judgment/…

Wagona J, Reaffirms that ✍️it's settled principle of statutory interpretation that where a special enactment governs a particular subject matter, it prevails over legislation of general application ✍️actions founded in tort against Government bodies and public authorities, the applicable limitation regime is not the general limitation provisions contained in the Limitation Act, but the special statutory regime established under the Civil Procedure and Limitation (Miscellaneous Provisions) Act governing tortious claims against Government, local authorities and scheduled corporations Case link: ulii.org/en/akn/ug/judgment/…

Court of Appeal Reaffirms ✍️ it is not strictly mandatory to pass a board resolution to commence a suit, however it's the best practice✍️ Authority letters issued by the principal officers empowered under the Articles of Association or general powers of management are sufficient to commence a suit, ✍️Where an affidavit is sworn on behalf of others, there is need to prove that the others authorised the deponent to swear on their behalf ✍️A resolution of the company is for purposes of confirming that individuals who sign documents and institute proceedings on behalf of the company have a mandate to do so. ✍️In a situation where it can be inferred that individuals who signed the document had the authority to do so, there is no need for a board resolution. ✍️It is not in all cases instituted by a company without a board resolution that courts would find them incompetent and liable for striking out. Therefore, overall, a board resolution is the best practice but it is not strictly mandatory. ✍️Litigation cannot be stalled on technical grounds of board resolution when the company itself has not disassociated itself from the suit or the document in question. Authority letters issued by the principal officers empowered under the Articles of Association or general powers of management are sufficient. ✍️it is important to distinguish between swearing an affidavit (which acts as evidence) and instituting a suit. In swearing affidavits, the ordinary rules apply. ✍️Where an affidavit is sworn on behalf of others, there is need to prove that the others authorised the deponent to swear on their behalf. Proof of such authorisation is by written document attached to the affidavit Legal Representation: Applicant : Mr. Magezi Tom Respondent: Mr. Evans Tusiime Case link: ulii.org/en/akn/ug/judgment/…

Court of Appeal sets aside sentence where a trial Judge accepted the plea bargain agreement but sentenced the Appellant to 25 years' imprisonment✍️trial Judge did not reject the plea bargain agreement in accordance with Rule 13✍️Having accepted the agreement, the court was bound by the sentencing limits stipulated therein✍️Sentence of 25 years' imprisonment imposed upon the Appellant, instead of the agreed 12years, was contrary to the Plea Bargaining Rules and consequently illegal case link: ulii.org/en/akn/ug/judgment/…

On 27 November 2025, Justice Mugabo renewed Best Kemigisa’s Letters of Administration, originally granted in 1999, after the grant had expired✍ granted her leave to file the estate inventory and final account out of time. ulii.org/en/akn/ug/judgment/…

The intention of the legislature has to be ascertained from the statute✍️ It cannot be inferred from what court considers to be logical✍️ It is too subjective a test✍️Judges are not called up to apply their opinions of sound policy so as to modify the plain meaning of statutory words unless of course doing otherwise would result into an absurdity or would lead to manifest injustice. (See Nokes vs. Doncaster Amalgamated Collieries [1940] AC 1014 and Mattison versus Hert [1854] 23 LJ CP 108