LDC Past Papers

CIVIL:
Written practical exercises 2003/4
Question1.
Several persons were injured and others lost properties and lives during the scuffle arising from the
occasion of PAM awards. They want advice in order to get justice.
ISSUES
1. Whether the facts disclose a cause of action
2. Who are the parties
3. Whether the parties have capacity to sue or be sued
4. Whether the parties and causes of action can be joined in one suit
5. What remedies are available to the parties
6. What are the available defenses
7. Whether the matter can be settled out of court
8. What is the forum, procedure and documents
9. What fees are payable
Law Applicable
- The Constitution Of The Republic Of Uganda 1995
- The Civil Procedure Act Cap 71
- The Law Reform(Miscellaneous Provisions)Act Cap 79
- The Civil Procedure And Limitation (Miscellaneous Provisions)Act Cap 72
- The Arbitration And Conciliation Act cap 4
- The Evidence Act Cap 6
- The Local Government Act Cap 243
- The Companies Act Cap 110
- The MCA Cap 16 As Amended By Act 7/2007
- Government Proceedings Act Cap 77
- The Civil Procedure Rules SI 71-1
- The Government Proceedings(Civil Procedure)Rules SI 77-1
- The Advocates (Remuneration And Taxation Of Costs) Regulations SI 267 -4
- The Judicature (Court Fees) Rules SI 13 -1
- Common law and doctrines of equity
- Case law
Issue 1
Whether the facts disclose a cause of action
Cause of action is a fact or bundle of facts plainly appearing on the face of a plaint which the
plaintiff must prove if traversed to be entitled to judgment against the defendant, per Wambuzi
CJ (as he then was ) in A.G.V Gen. David Tinyefuza SCCA NO. 1/1997.
The plaintiff must show that he/she enjoyed a legal right, the right has been violated and the
defendant is liable, per spry V-P in Auto Garage V Motokov 1971 EA 514 AT 519.
A plaint must contain facts constituting a cause of action and when it arose under 0.7 r.1 (e) CPR,
which will be rejected if no cause of action is disclosed under 0.7r 11 (a) CPR.
The causes of action disclosed in the instant case are

a. Death as a cause of action under s.5 of the law reform (misc. provisions) Act which arises
when any person‘s death is caused by the negligence of another.
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b. Battery/ assault which according to golf CJ in Collins V Wilcock 1984 3 ALL ER 37 is actual
infliction of bodily harm through unlawful act, hence the clubbing, tear gasing and
indiscriminate shooting amounts to battery.
c. Unlawful detention. under article 23(2) of the constitution, a person arrested should be
detained in a place authorized by law. Lutabi military barracks is not authorized for
detention.
d. Conversion which is an act of willful interference with possession of movable property in a

substantial manner as to deprive the owner of possession thereof, per Byamugisha J in
Walusimbi V A.G and Anor (1988 -90) HCB 149. The 3 vehicles reduced to wrecks are
deemed to have been converted.
e. Negligence which is committed by one who has breached a duty of care owed to another
thereby causing injury, per H.O.L in Donoghue V Stevenson 1932 AC. Thus driving at
bottleneck speed thereby ramming into the Mercedes Benz amounts to Negligence.
Issue 2 who are the parties

All natural or legal persons can be parties to a suit. A plaintiff must claim a right to a relief and the
defendant must have breached the right.
The possible plaintiff‟s are
- George Okudi
- Grace Okudi (8years)
- Prophetess Namutebi
- Ziggy Dee
- Fire base
- Haji wasi wasi‘s widow safina wasi wasi
- Uganda Farmers Association
- Executive Chauffer Cars Ltd
- Uganda wild life authority
- Celtel (u) ltd
- Representatives (if any) of other people who were injured
- Annabelle Okudi
Possible defendants
- Attorney general
- Entebbe municipal council
- Wakiso district local government
- Prophetess Namutebi
- Karayirayi.
Issues 3
Capacity of parties to sue or be sued
- All natural or legal persons can sue or be sued except minors and persons of unsound mind
who sue through next friend. Hence all natural adult persons in the present case have the
capacity to sue or be sued.
- Entebbe municipal council and Wakiso District Local Government can be sued because
they are bodies‘ corporate under the local government Act section 6.
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- The A.G is government representative in all legal proceedings under article 119 (4) (c) of
the constitution. Further under s.10 of the GPA, suits by or against the government shall be
instituted by or against the Attorney General
- Under s.15 (2) of the companies Act and Salomon V Salomon 1897 Ac 27, a company is a
body corporate with capacity to sue or be sued, hence the companies in issue can sue or
be sued.
- Under 0.32r.1 CPR, minors sue through a next friend hence Grace Okudi (8 yrs) can sue
through her father pastor Okudi as her next friend.
- Uganda wildlife authority is a body corporate under UWA Act cap 200 hence can sue or
be sued.
- Uganda farmers association can sue through the registered trustees if registered under the
trustees‘ incorporation Act or one member sues on behalf of others (representative suit)
under 0.1 r. 8 CPR.
Issue 4
Joinder of parties and causes of action
Plaintiffs can be joined if a right to relief arising from the same transaction is alleged to exist in
them (o.1r.1 CPR). Defendants can be joined in one suit if a right to relief arising from the same
transaction is alleged to exist against them (0.1r.3CPR).Causes of action can be joined if they
arise from the same act or transaction (0.2r.4 CPR).
Thus in Buikwe Estate Coffee Ltd V Lutabi 1962 EA 328, court held that the causes of action and
the plaintiffs could be joined together because their right to relief arose from the same
transaction i.e. invalid company resolution which purported to oust the lawful directors.
Therefore the causes of action and parties in the instant case can be joined in one suit since they
all arise from the organization of the PAM awards.
Issue 5
Remedies available to the parties
There is no wrong without a remedy. Consequently, a victim of a wrong is entitled to be
compensated under article 126(2) (c) of the constitution.
A person can be awarded general damages for general loss and inconvenience by court at its
discretion.
Court can also award special damages which must be specifically pleaded and proved though
not necessarily by documentary evidence, Per. Masika J. in Kyambadde V Mpigi District
Administration 1983 HCB 44.hence those who incurred medical expenses can recover them by
pleading special damages.
Exemplary damages i.e. where the conduct of the defendant is oppressive, arbitrary or
unconstitutional, Per. Masika CJ in Kyambadde‟s case hence shooting indiscriminately and
clubbing the people is arbitrary, oppressive and unconstitutional.
Issue 6
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Defenses to the parties
- Statutory duty i.e. the police have a duty to maintain law and order under article 212 of
the constitution
- Frolic of their own i.e. the servants and or agents were not acting in the course of their
duties.
- That the injuries suffered were not the foreseeable consequence of the defendant‘s
conduct (i.e. remoteness of damages) e.g. loss or theft of Okudi‘s PAM award.
- Inevitable accident i.e. the accident was bound to occur despite negligence.
- Contributory negligence on the part of the plaintiff who failed, neglected and / or refused
to take precautions for their own safety.
- Voluntary assumption of risk otherwise expressed as volenti non fit injuria on the party of the
plaintiffs.
Issue 7
Can matter be settled out of court
Under article 126 (2) of the constitution courts shall promote reconstitution between the parties.
Consequently, the courts are required to hold a scheduling conference to sort out possibility of
mediation, arbitration and other forms of settlement under 0.12 r. 1 (1) CPR.
If parties fail to agree and court opines that case has a good potential for settlement, it shall
order ADR before a member of the bar or bench named by court under 0.12 r.1 (2) CPR. In
Tororo cement co. ltd v frokina international SCCA NO 2 of 2001, it was held that scheduling
conference is mandatory.
Thus parties can explore ADR through mediations, arbitration or negotiation under the
arbitration and conciliation Act Cap 4. However, this will not oust the jurisdiction of courts,
unless jurisdiction is expressly excluded, per Kikonyogo J in abero ssebakiga v banyankole
kwetarana growers‟ co-operation civil suit no. 1240/1986.
ISSUE 8
Forum, procedure and documents
Forum
It is determined by the pecuniary and geographical jurisdiction of the courts. Under section 4
CPA, courts can not to try civil cases beyond their pecuniary jurisdiction. A chief magistrate and
magistrate GI can try civil case of 50m and 20m respectively according to S.207 of the
Magistrates Courts Act as amended by Act no.7 of 2007.
Under S15 of the CPA, suits to be instituted where the cause of action (hereafter called COA)
arose or where the defendant resides or carries on business or personally works for gain.
Since the claim of land will exceed 50m, the case shall be tried by the High Court which has
unlimited original jurisdiction by virtue of article 139 of the constitution and section 14 of the
judicature Act. Moreover under S.11 (5) of the CPA, suit can be instituted in the High Court
which could have been filed in the lower court. Thus in munyagwa nsibirwa v lucy kamujanduzi
1972 E.A 335 Saied j held that institution in the high court of a suit which could have been filed in
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the lower court does not deprive the court of its original jurisdiction but the costs awarded are
only those of the lower court
Procedure
- Issue statutory notice of intention to sue to the A.G, Wakiso district local Government and
Entebbe municipal council which by virtue of S.2 of Civil procedure and limitation
(miscellaneous provisions) Act is mandatory in light of Rwakasoro and ors v A.G. Issue
notice of intention to sue to the other defendants.
- If they are all adamant, institute a suit in the manner provided by the rules by virtue of
s.19 CPA. You present a plaint under 0.4r.1 CPR.
- The plaint must be accompanied with brief summary of evidence, list of witnesses, list of
authorities and list of documents under 0.6r. 2 CPR.
- Ensure court filing fees are paid at the time of filing the plaint in accordance with the
Judicature (court fees) Rules.
- Then obtain and serve summons on the defendants requiring them to file a defence or
appear and defend the suit under 0.5r.1 CPR.
- Then swear affidavit of service of summons on the defendants under 0.5r.16 CPR.
Documents
- Written authority (consent) of next friend of Grace Okudi.
- Statutory notice
- Plaint (omni-bus plaint)
- Summary of evidence, list of witnesses, list of documents and list of authorities.
- Summons to file a defence
- Affidavit of service of summons
Draft of some of the documents
Written authority of the next friend
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Pastor Okudi
Naguru, Nakawa division
Kampala
27/11/2008
M/S Firm E &Co. Advocates,

Law development Centre,
P.O. Box 7117,
Kampala.
Dear Sir,
RE: Authority to Use My Name as Next Friend

I, pastor okudi, of the above address, do authorize Ms Firm E & Co. Advocates to use my name as
next friend for my child, Grace Okudi for the purpose of the suit against the Attorney general and
others.
Yours faithfully,
……………………………..
Pastor okudi
NB. Draft statutory notice of intended suit against A.G, Wakiso District Local Government and
Entebbe Municipal council. The format is in the schedule to the civil procedure and limitations
(miscellaneous provisions) Act cap 72. Just follow the format and incorporate the facts.
SAMPLE OF STATUTORY NOTICE
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THE REPUBLIC OF UGANDA
NOTICE OF INTENDED SUIT
BETWEEN
1. GRACE OKUDI}
2. PASTOR OKUDI}::::::::::::::: INTENDED PLAINTIFFS
AND
1. ATTORNEY GENERAL
2. MPIGI DISTRICT LOCAL GOVERNMENT::INTENDED DEFENDANTS
STATUTORY NOTICE
TAKE NOTICE that above named plaintiffs intend to institute a suit against you in the High Court of
Uganda at Kampala for compensation of Ushs. 500m for negligence, assault, battery and
conversion of goods on the following grounds:
1. That on the …….. day of ………………. 2010, at ……………….. in Kampala, the intended
plaintiffs were attending the Pam Awards organized by ………………….
2. As the occasion progressed, a vehicle reg. no………….. smashed into the crowd causing
a little stampede and a slight disorder.
3. While the situation was being brought to / or under control, police officers from Uganda
police, who are servants employees and / or agents of the first intended defendant
together with local defence forces being servants, agents and / or employees of the
second intended defendant arrived at the scene.
4. The said officers while acting in the cause of their employment resorted to clubbing and
battering the people, intentionally shooting live bullets into the crowd negligently and
indiscriminately on the direct orders of their commandant ……………………… thereby
causing the intended defendants serious injuries.
5. In addition to the foregoing the second intended plaintiff lost his pam awards in the
process of the scuffle valued at approximately Ushs. 100m.
Particulars of Negligence
a) Shooting directly into the crowd with knowledge that death or injury would occur
b) Shooting live bullets into the crowd
c) Failure to warn the public of the eminent shooting by first shooting in the air.
6. The intended plaintiff‘s incurred undue expenses as a result of the actions, commissions
and / or omissions of the servants, agents and / or employees aforesaid for which they
shall jointly and severally claim special and general damages.
Particulars of Special damages

a) Lost pam award Ushs. 100m
b) Medical expenses Ushs. 150m
c) Transport expenses Ushs. 20m
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Total Ushs. 270m
7. The value of the subject matter of the intended suit is approximately Ushs.500m
DATED at Kampala this ……..day of ………………. 2010
__________________________
Counsel for the intended plaintiffs
DRAWN BY:
FIRM A & CO. ADVOCATES
This Omni bus plaint below- does not cover the whole situation. This sample is just intended as a
guide to help students draft one.

IN THE HIGH COURT OF UGANDA AT KAMPALA
(CIVIL DIVISION)
CIVIL SUIT NO……..OF………..2008
1. George Okudi
2. Grace okudi (suing through xyz a next friend)
3. Celtel (u) ltd :::::::::::; PLANTIFFS
4. Ziggy dee
5. Safina wasiwasi
Vs.
1. Attorney general
2. Entebbe minicipal council
3. Wakiso district local government :::::::::::::::::::::::::::::;: DEFENDANTS
4. Karayirayi
5. Prophetess Namutebi
PLAINT
1. The 1st and 4th plaintiffs are male adult Ugandans of sound mind. The 5th plaintiff is a
female adult Ugandan and the 2nd plaintiff is a minor female Ugandan suing through XYZ,
her next friend, all being of sound mind, whose address jointly for the purpose of this suit is
C/O Firm E and Co. Advocates P.O. BOX 7117, Kampala (copy of written authority
attached and marked Annexture A).
2. The 3rd plaintiff is a limited liability company incorporated under the laws of Uganda and
shall also use the above address for the purpose of this suit.
3. The 1st defendant is the legal representative of the government and is being sued in that
capacity.
4. The 2nd and 3rd defendants are local governments which can sue or be sued as a body
corporate under the local government Act.
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5. The 4th and 5th defendants are female and male adult Ugandans respectively believed to
be of sound mind and the plaintiffs advocate undertakes to effect service of court
process on them jointly and severally.
6. The plaintiffs claim against the defendants severally and jointly is for damages for assaults,
battery, conversion, negligence and unlawful detention.
7. The 5th plaintiffs claim against the 1st, 2nd and 3rd defendants jointly and severally is for
damages and recovery of funeral expenses brought under s.5 of the law reform
(miscellaneous provisions) Act.
8. The plaintiffs claim against the defendants severally and jointly arose as follows;
 On the day…… of……., 2004 the plaintiffs were attending an occasion to mark the PAM
awards at Speke Resort Munyonyo (just as an example).
 The 5th defendant, being employee, servant or agent of the 4th defendant, while driving the
latter‘s Mercedes Benz car Reg. No UAL 0034H suddenly rammed into the crowd and hit the
2nd plaintiffs Toyota Prado Reg. No. UAK 710B thereby causing fire and burning it beyond
repair.
 In the process, a scuffle ensured and the police in conjunction with the local defence unit
(here after called ‗LDU) were called in to calm the situation.
 The commander of the joint force, SSP Richard ordered the force to shoot at the crowd
allegedly to halt the demonstration.
 The police and LDU who, at all material times, were employees, servants or agents of the
1st, 2nd and 3rd defendants respectively, recklessly and negligently shot indiscriminately at
the crowd as well as clubbing and tear gasing them thereby causing extensive damage.
 In the process, the 3rd plaintiffs land rover discovery Reg. No. UAH 07H caught fire and was
burnt to ashes while the 1st and 2nd plaintiffs were badly injured and hospitalized. The 5th
plaintiffs husband Haji Wasi Wasi was negligently shot in the head and subsequently died at
Mulago hospital (copy of death certificate attached and marked as „B‟).
 The 1st plaintiff‘s car windscreen was extensively damaged and further lost his PAM award
worth shs 5,000,000 (five million only) in the course of escaping from the fracas caused by
the said agents of the said defendants.
 The 4th plaintiff has been wrongfully and illegally detained at Lutabi military barracks not
being a detention facility, and has not been formally charged before any court of law.
9. The plaintiffs shall aver that the negligent acts and or omissions of the police, LDU and the
4th defendants occurred while executing their duties as employees, servants or agents of
the 1st, 2nd, 3rd and 5th defendants respectively.
9. The plaintiffs shall further aver that they have been subjected to great loss, pain,
inconvenience and anguish as a result of the acts or omissions aforesaid for which they
shall hold the said defendants vicariously liable for special and general damages.
Particulars of Negligence
 Directly shooting into the crowd knowing injury or death would result to the victims
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 Failure to first warn the demonstrators by shooting in the air
 Over speeding by the 5th defendant
 Failure to slow down or stop while approaching the crowd by the 5 th defendant
 Failure by the 5th defendant to be on the lookout for third parties.
Particulars of Special Damages

 Hospital bill : 50,000,000/=
 Special hire charges : 5,000,000/=
 PAM award : 10,000,000/=
 Repair of windscreen : 1,500,000/=
 Funeral expenses : 5,000,000/=
Total 71,500,000/=
Particulars of Injuries
NB: Read from the medical Report if provided or from the facts and write them here.
11. Statutory notice and notice of intended suit was duly communicated to the defendants
(copies attached hereto and collectively marked „C‟).
12. The cause of action arose in Kampala within the jurisdiction of this honorable court.
WHEREUPON the plaintiffs pray for judgment against the defendants severally and jointly for;
a) General damages shs. 100m (one hundred million)
b) Special damages shs. 71.5 m (seventy one million five hundred)
c) Interests on (a) and (b) above
d) Costs of the suit
c) Any other relief that this court may deem fit
DATED AT Kampala this …………..day of …………..2008
………………..………………
PLAINTIFFS‘ COUNSEL
Drawn and filed by:-

Firm E and Co. Advocates
P.O. Box 7117,
Kampala
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(CIVIL DIVISION)
PLAINTIFFS
VERUS
DEFENDANTS
SUMMARY OF EVIDENCE
At the hearing of the suit the plaintiffs shall adduce evidence to prove that the defendants‘
servants, agents and / or employees acted negligently on the fateful day, assaulted the plaintiffs,
converted their goods and wrongfully detained the plaintiffs.
LIST OF WITNESSES
The plaintiffs
Others with leave of court
LIST OF DOCUMENTS
All annexure to the plaint
Others with leave of court
LIST OF AUTHORITIES
Restate the law applicable above
Dated at Kampala this……..day of ………………. 2010
………………..………………
PLAINTIFFS‘ COUNSEL
Drawn and filed by:-

P.O. Box 7117,
Kampala
Summons to file a defence
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(CIVIL DIVISION)
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFFS
VERSUS
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: DEFENDANTS
SUMMONS TO FILE A DEFENCE

WHEREAS the above named plaintiffs have instituted a suit against you upon a claim the
particulars of which are set out in the copy of the plaint hereto attached.
YOU ARE required to file a defence in the said suit within 15 days from the date of service of
summons on you in the manner provided by the Civil Procedure Rules.
SHOULD YOU FAIL to file a defence in the manner aforesaid the plaintiffs shall proceed with the
case and judgment may be entered against you in your absence.
GIVEN under my hand and seal of this court this ……….. day of ………………………….. 2010.
_______________________________
DEPUTY / REGISTRAR
NB: draft affidavit of service
Qn. 1 2006/ 2007

Brief facts
The plaintiffs in the HCCS No. 128/ 2006 have also applied for a temporary injunction to restrain
the defendant therein from evicting them or otherwise interfering with their possession of the suit
property pending the determination of the main suit.
Issues
1. What arguments would the applicant/ plaintiff raise at the hearing of the application?
2. How would the respondent / defendant respond to the arguments above?
3. What document would you file on behalf of the respondent/defendant respecting the
main suit and chamber application?
Law Applicable
1. The judicature Act Cap 13
2. The civil procedure Act Cap 71
3. The evidence Act Cap 6
4. Civil procedure rules SI 71-1
5. Common law
6. Case law
Issue 1.
Plaintiff/applicants arguments
Section 38(1) of the judicature Act enjoins the high court to grant injunctions to restrain any
person from doing any specified Act .under 0.41 r 2(1) CPR, court can grant temporary injunction
to prevent the defendant from committing breach of contract or other injury complained of. This
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provision was restated by Okello Ag. J. (as he then was) in Doreen Kalema V N.H.C.C 1987 HCB
73.
Under 0.41r. 2(2) CPR, grant of temporary injunction is discretionary hence the applicant must
satisfy the preliminary requirements necessary for its granting by court. Odoki J, (as he then was)
alluded to this In Kaggwa V Katende 1985 HCB 43 when he held that grant of a temporary
injunctions is an exercise of a judicial discretion and the purpose of granting it is to preserve
matters in status quo until the questions to be investigated in the main suit can finally be disposed
of. He went ahead to lay down the conditions for granting such injunction, which in effect was
an a approval of the decision of the court of appeal for eastern Africa in Giella V Cassman
Brown 1973 EA 353 at 360(e), to be the following;
 The applicant must show a prima-facie case with a probability of success. Thus to prove
prima-facie case, it was held by Tabaro Ag. J (as he then was) in Muljibhai Madhivani V
Teurani Narandas T|a Paradise Novelties (1988-1990) HCB 152, that the applicant must
satisfy court that there is a substantial or serious question to be investigated and that on the
facts, it is probable that the applicant will succeed in the substantive action. In another
case of Nitco Ltd V Hope Nyakaru (1992-1993) HCB 135, Karokora J. (as he then was) held
that the applicant must satisfy court that the claim in the main suit is not frivolous or
vexations or illegal. It is worth noting that at this level, court is not required to go into the
merits of the main suit but has to be satisfied that the main suit is not frivolous or vexatious.
On the facts, the applicants claim the respondent obtained title to the suit property
fraudulently, the same belonging to their mother previously. Therefore court ought to
investigate this claim of fraud hence there is a prima-facie case
 That the applicant shall suffer irreparable injury which damages shall not adequately
compensate if not granted. This does not mean that there must not be physical possibility of
repairing the injury, but that the injury must be substantial or material. Thus in Doreen
Kalema V Nhcc (supra), his lordship considered shortage of residential houses in Kampala
to hold that the applicant was likely to suffer irreparable injury if the threatened evictions
succeeded.
On the facts, the respondent has already served eviction notice on the applicants yet the
main suit is disputing the former‘s ownership thereto. There is no doubt that such threatened
eviction shall cause irreparable injury to the applicants for which damages alone shall not
be sufficient atonement
 That if court is in doubt, it will determine the application on balance of convenience. Court
considers the hardship to the respondent of complying with the order as against any loss
likely to be suffered by the applicant is the order is refused.
On the facts, the applicants have proved a prima-facie case; that they shall suffer
irreparable damage unless the order is granted and the status quo is still unbroken. It is
therefore the applicant‘s prayer that this honorable court be pleased to exercise its
discretion to grant the injunction sought. I so pray.
Issue 2:
Opposition to grant of temporary injunction / respondent‟s / defendant‟s arguments
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The grant of temporary injunction is at the discretion of court in light of 0.41 r. 2(2) CPR. It
shall be refused if its conditions are not fulfilled. The present application is opposed on the
following grounds.
 There is no prima-facie case with a probability of success. The plaint does not aver that the
respondent influenced the deceased in making the will wherein the suit property was
bequeathed to the respondent. Even the registration of the suit property into the
respondents name is not connected with any fraud as alleged by the applicant
hereinabove. In Nitco Ltd V Hope Nyakairu (Supra), application for temporary injunction
was dismissed for want of prima-facie case.
 The applicants shall not suffer irreparable injury if the order is not granted in as much as
such injury if any (which is not admitted), could be adequately compensated by award of
damages. The first applicant has another home in Mukono where he farms and thus can
transfer to such substitute or alternative accommodation with the second and the third
applicants hence the question of likelihood of suffering irreparable injury does not and shall
not arise. Thus in Nitco Ltd V Hope Nyakairu (Supra), order for temporary injunction was
refused because the applicant had failed to prove irreparable injury incapable of being
compensated by award of damages.
 Even on a balance of convenience, the order should be refused. This is so because the
respondent shall suffer more hardship if order is granted than any loss the applicants may
suffer in as much as the applicants can relocate to and occupy the house in Mukono but
the respondent shall not be able to raise school fees at Fort Portal University. Karokora J. (as
he then was) found In Nitco Ltd V Hope Nyakairu(Supra) that a temporary injunction would
have caused a great hardship to the defendant/ respondent as the suit plot would be
removed from her if she did not develop it within 5 years initial period.
It is therefore the respondents contention/submission that the applicants have not fulfilled the
conditions requisite to warrant the exercise of courts discretion in their favor. In the premises, it is the
respondent‘s prayer that the application should be dismissed with costs to the respondent I so
pray.
Issue 3:
Documents for the defendant/ respondent in the main suit and the application
For the application

 The respondent must file an affidavit in reply. It was thus held In Hajji Abdu Nandalla V
Timber & General Stores Civil appeal No. 6/98, that where an affidavit in reply is not filed, it
would be taken that what the opposite party stated was correct, a view which the
supreme court had earlier approved in Gandesha & Anor V Lutaya S.c Misc. civil
application No. 14/1989.
 There must be a summary of the evidence to be adduced, list of witnesses, list of

authorities and list of documents as required by 0.6r. 2CPR. According to justice Akiiki –
Kiiza in hon. Mr. Justice remmy kasule v hon. jack sabiiti and 2 ors hccs no. 230 of 2006,
0.6r.2 CPR is mandatory and must be strictly adhered to.
Documents in respect of application for temporary injunction for the respondent

 Affidavit in reply
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In respect of the main suit,
The defendant should file a written statement of defence within 15 days after service of summons
unless court has enlarged or extended the time under 0.8r. 1 CPR.
Under 0.9r.11 (2) CPR, the plaintiff can proceed exparte if the defendant has not filed a defence.
It was thus held in A.G V Sengendo 1972 EA 356 that where a defendant has not filed a defence
there are no points raised by him on which court can hear him. Consequently, the plaintiff can
proceed to prove his case formally without any challenge by the defendant except on damages
which are always in issue.
The defence must be accompanied with a brief summary of evidence, list of witnesses, and list of
authorities within the meaning of 0.6r. 2 CPR and Hon Mr. Justice Remmy Kasule‟s case (Supra).
Documents in respect of main suit for the respondent

 W.S.D
 Summary of evidence, list of witnesses, list of documents and list of authorities to be relied
on.
NB: Draft them. Please endeavor to draft these documents in order to enhance your skills in legal
drafting.
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(FAMILY DIVISION)
CIVIL APPLICATION NO. 172 OF 2006
(ARISING FROM CIVIL SUIT NO. 128 OF 2006)
1. David nyakana balinda

2. Juliet kembabazi balinda (both suing through Next friend ::::::::
Nyakana Balinda Applicants
3. Joseph balinda
Vs
James Ahimbisibwe……………… Respondent/ Defendant
AFFIDAVIT IN REPLY TO SUMMONS

I, James Ahimbisibwe of C/o Firme & Co. Advocates, P.O. BOX 7117, Kampala swear.
1. That I am an adult male Ugandan of sound mind and respondent herein and I swear this
affidavit in that capacity.
2. That the applicants herein instituted HCCS No. 172 of 2006 against me seeking various
orders from the court.
3. That the applicants herein allege that my title to the suit property was acquired illegally
and fraudulently which is utterly false
4. That I am a stepson of the first applicant and the second and third applicants are my
siblings.
5. That Mrs. Matilda Balinda, my deceased mother, left a will wherein she bequeathed the
suit properly to me as the sole beneficiary thereof.
6. That following her demise, the will was read and I secured registration of the suit property
into my name accordingly.
7. That although the applicants herein have been occupying the suit property before the
death of the deceased, they can now transfer to Mukono where the first applicant has
another home.
8. That the applicant has acute fees problem at Fort Portal University and urgently needs
money since the first applicant has failed and or refused to pay the same.
9. That I served eviction notice to the applicants herein in order to rent out the suit property
and raise money for my fees.
16
10. That I did not in any way, whether directly or indirectly, influence the deceased to
bequeath the suit property to me, her decision being voluntary and free from any
delusions whatsoever.
11. That I have never been fraudulent, privy to nor participated in any fraud or illegality as
alleged by the applicants herein in regard to my acquisition of title to the suit property.
12. That I shall suffer great hardship if the order is granted in so far as I will not be able to raise
fees thus suffering being sent out of school.
13. That the applicants herein shall not suffer irreparable damage as they can relocate to the
first applicant‘s alternative house in Mukono.
14. That it is only just and equitable that the temporary injunction sought by the applicants
herein is refused.
15. That I swear this affidavit in reply to the applicant‘s application for a temporary injunction.
16. That whatever is stated hereinabove is true to the best of my knowledge.

Sworn at Kampala by the said James Ahimbisibwe this….. Day of 2008.
…………………………..….
Deponent
Before me:
_____________________________
COMMISSIONER FOR OATHS
DRAWN &FILED BY:

FIRM E & CO. ADVOCATES
NB: Please ensure you draft or you are able to draft a WSD covering the above problem by
traversing the plaint and attach the documents envisaged by 0.6r. 2CPR
Qn. 2 2003/2004
Brief facts
Pillay, a Canadian citizen, with a permanent Ugandan residence status has sued M/S Kitagata
Merchants Ltd in Mbarara HCCS No. 14/2003 for special and general damages and an order for
recovery of land. M/S Kitagata Merchants Ltd feels the plaintiff does not have enough property
to attach should he lose the case, a claim which he denies.
Issues
1. Whether the defendant has any interim remedies

2. What is the procedure and documents necessary to realize the remedy above?
Law Applicable
 The constitution
 The judicature Act Cap 13
 The CPA Cap 71
17
 The CnR SF 71-1
 Case law
 The evidence Act Cap 6
Issue I:
Interim remedy open to the defendant company
The courts have powers to order the plaintiff in a suit to give security for payment of costs incurred
by the defendant under 0.26r. 2 CPR. Security should be furnished within the time fixed and the
suit shall be dismissed if the order is not complied with under 0.26r. 2(2) CPR. In east african
holdings ltd v madhivani hccs no. 1181/1988 it was held that the language of 0.26r. I CPR is
extremely clear.That it talks about the past, not the future and court will not make an order for
costs likely to be incurred by any defendant in future. An order for costs can be made in the
following cases;
a) Where the plaintiff is a foreigner court without known property in Uganda so that a
judgment obtained against him or her will not be satisfied. The authority for this proposition
is Ramzanali Megani V Kibona Enterprise Ltd 2001 – 2005 HCB 106 where an application
was made for security for costs on the ground that suit was frivolous and vexatious, that
the appellant had no known property in Uganda, that the appellant resided in Canada
without the jurisdiction of court C.A held that this was a proper case in which to grant an
order for security for costs, that the applicant does not reside in Uganda and has no
known party in Uganda.
The court further held that an order for security for costs should not be used as a weapon to
enable the strong to deny the weak access to courts of law or justice.
b) Security costs will also be ordered where the plaintiff has instituted a suit which is frivolous
and vexatious. A suit is frivolous or vexatious if no reasonable person is the position of the
plaintiff would have sued in the circumstances. In Namboro and Anor V Kaala 1975 HCB
315, Ssekandi J held that the main considerations to be taken into account in an
application for security for costs are whether applicant has been put to undue expense
by defending frivolous and vexatious suit, that he has a good defence; and he is likely to
succeed. That only after these factors have been considered would factors like inability to
pay come into account. That mere poverty of a person is not by itself a good ground for
ordering security for costs; if it were so poor litigants would be prevented from enforcing
their legitimate rights through legal process.
In the instant case, the defendant has a good defence which may succeed. the suit is not
frivolous or vexations. The plaintiff is a Canadian citizen though he has permanent residence in
Uganda. He seems not to have property in Uganda because he has not adduced share
certificate to prove that he has the shares as alleged. He is also claiming the suit property as one
of his when the said it is not in his name. There is therefore a danger that when the defendant
obtains judgment against the plaintiff he may sneak out of Uganda and the judgment shall
remain unsatisfied. Accordingly an applicant security for costs may be maintained.
Issues 2
Procedure
Application for security for costs shall be made by chamber summons – 0.26r. 3 CPR. This
application may be supported by affidavit of the applicant or other person on its behalf who has
knowledge of the facts 0.52r .3CPR.
Documents
 Chamber summons
 Supporting affidavit
18
 Affidavit of service of summons
IN THE HIGH COURT OF UGANDA AT MBARARA
Misc. Applicant no...Of ……2010
(Arising out of hccs no. 14/2003)
M/S KITAGATA MERCHANTS LTD …………APPLICANT

VS
KANAPATHY PILLAY ……………….………RESPONDENT
CHAMBER SUMMONS
(Brought under 0.26rr.1&3 CPR)
LET ALL PARTIES CONCERNED attend the learned registrar on the …….day of ….. 2008 at 10
O‘clock in the forenoon or soon after that as counsel for the applicant can be heard on an
application for orders;
1. That the respondent herein, being the plaintiff in HCCS No. 14/2003, be ordered to pay
security for the applicants costs in the said suit.
2. That the costs of this application be provided for.
The grounds of this application are contained in the affidavit of zaki, the managing director of
the applicant company, which shall be read and relied on at the hearing BUT briefly are:
a) The respondent has instituted a suit against the applicant in the High Court at Mbarara
vide Civil Suit No. 14 of 2003.
b) That the respondent is a foreigner without any known assets in Uganda and the applicant
shall not be able to recover its costs of the suit in the event of success.
This summons was taken out on the application of C.A of Firm E & Co. Advocates, P.O. Box 7117,
Kampala.
Given under my hand and seal of this court this ………day of………………… …2010.
…………………………………………..
Deputy / Registrar
19
IN THE HIGH COURT OF UGANDA AT MBARARA
Misc. Application no…….. Of 2010
(Arising out of HCCS NO. 14 of 2003)
M/S KITAGATA MERCHANTS LTD……….. APPLICANT

V
KANAPATHY PILLAY ………..…………… RESPONDENT
AFFIDAVIT IN SUPPORT OF SUMMONS

I Zk C/O Firm E & Co. Advocates, P.O. BOX 71117 K‘la swear and state as follows;
1. That I am an adult male Ugandan of sound mind and the managing director of m/s
Kitagata Merchants Ltd, the applicant herein and I swear this affidavit in that behalf.
2. That the applicant is the defendant in hccs No. 14/2003 instituted by the plaintiff/
respondent in Mbarara high court.
3. That the respondent herein is a Canadian citizen who resides in Uganda but does not
have any known assets in Uganda and does not have a share certificate to prove
ownership of the shares that he alleges to own in various companies
4. That the applicant has a good defence to the suit with a high probability of success.
5. That in the event of losing the said suit the respondent is likely to sneak back to Canada
and the applicant shall have nothing to attach to recover its costs of the suit.
6. That I swear this affidavit in support of the applicant‘s application for security for costs.
7. That whatever is stated hereinabove is true to the best of my knowledge and belief.
Sworn at K‘la by the said Zaki this ……………day of ……………2008.

……………………………….
DEPONENT
Before me:
Commissioner for oaths
DRAWN & FILED BY

FIRM E & CO. ADVOCATES P.O BOX 7117 KAMPALA
20
Qn. 2. 2005/2006
Brief facts
Sister Paula Driciru has sued the missionary sisters of Mary mother of the church and Bishop of Lira
Diocese for refusal to renew her vows and takes perpetual vows. However the defendants
contend that the Reg.Trustees of Lira Diocese have the discretion to deny a person perpetual
vows, further that the defendants were not the proper parties to the suit.
Issues
1. Whether the plaintiff has a cause of action
2. Whether the defendants are the proper parties to the suit
3. What remedy is available to the defendants if the suit is found to be not maintainable
4. What steps should the defendants take if the suit is maintainable?
5. What is the procedure and documents necessary to effect the above advice?
Law Applicable
 The constitution of the public of Uganda 1995
 The judicature Act Cap 13
 The civil procedure Act Cap 71
 The trustees incorporation Act Cap 163
 The non governmental organizations (Reg. ) Act Cap 113
 The civil procedure rules SI 71-1
 Common law and doctrines of equity
 Case law
Issue 1:
Does Driciru Have a Cause of Action
COA Is not defined by any statute. However, according to A.G V Maj Gen David Tinyefuza
SCCA. No. 1/97, cause of action is a bundle of facts plainly appearing in a plaint which if
traversed the plaintiff must prove in order to be entitled to a judgment against the defendant
It had earlier been stated in Auto Garage V Motokov 1971 EA 514, 519 by Spry V.-P that is order
to constitute a cause of action, the plaintiff must prove.
 That he/she enjoyed a legal right
 That the right has been violated
 That the defendant is liable
0.7r.1 (e) CPR, a plaint must contain facts constituting the cause of action and a plaint may be
rejected if it doesn‘t disclose a cause of action under 0.7r.11 (a)
CPR. Thus is Ali Mustafa V Sango Bus Co. 1975 HCB 91, Allen J held that 0.7 r.11 (a) CPR
required a plaint to be rejected where it didn‘t disclose a cause of action.
In the present case, the plaintiff alleges that her request to renew her vows and take perpetual
vow was unlawfully rejected. The Lira Diocese has discretion to allow or reject a person to take
perpetual vows, and this was exercised herein properly in accordance with the canon law that
governs such vows. Accordingly, the defendants haven‘t breached any of the plaintiffs right
hence no cause of action is disclosed.
Issue 2.
21
Whether the defendants are the proper parties to the suit
All natural or legal persons have the capacity to sue or be sued. Churches are registered under
Trustees incorporation Act or Non Governmental Organization (Registration) Act, under which the
legal person is the Registered Trustee (s) of the church (or of the Diocese).
In the present case, Driciru has sued the missionary sisters of Mary mother of the church as the first
defendant yet it doesn‘t have any legal existence. Accordingly, it is a wrong party to this suit. As
for the 2nd defendant he is not personally liable for his actions or omissions in respect of his office
on behalf of the Diocese of Lira. Further there is no evidence on record showing that the 2nd
defendant refused to hear the appeal against the refusal to grant Driciru a permanent vow.
Accordingly, he can not be sued in his capacity as such.
Issue 3
Whether the suit is maintainable and what remedies are open to the defendants where the suit is
not maintainable
 The plaint discloses no cause of action against the defendants because the first
defendant is not a body corporate hence can not be suit in its name meanwhile the
second defendant is being sued for the acts and or omissions of Lira Diocese and its
servants as if Lira Diocese and its servants are employees or agents of the first defendant.
Clearly no action is maintainable against them having regard to AUTO GARAGE V
MOTOKOV Supra.
 The defendants can apply to reject the plaint for not disclosing a cause of action under
0.7r. 11(a) CPR. In Ali Mustafa V Sango Bus Co. (Supra) held that a plaint may be rejected
if it does not disclose a COA.
 The procedure for applying to reject the plaint is by chamber summons – 0.7r. 19 CPR. The
summons shall be supported by an affidavit – 0.52r. 7 CPR.
 The defendants may also apply to be struck out as parties to the suit under 0.1r.10 (2) CPR.
Court may on application order a wrong party to be struck out. The application may be
made at any time before trial by motion or summons or at the trial in a summery manner
under 0.1. 13 CPR. In Lubega V Barclays bank scca no. 2 of 1999, held that the court has a
wide discretion under o.1r. 10(2) CPR to add or strike out parties.
 However it is advisable that the defendants file a WSD and raise a preliminary objection
therein that the plaint does not disclose a cause of action in as much as the defendants
are not proper parties to the suit.
Issue 4
Steps to be taken on defendants‟ behalf if the suit is maintainable
Where the suit is maintainable the defendants should file a defence. This defence must be in
writing containing the name of the defendants‘ advocate, if any, or state that the defendant
intends to defend in person and the defendants address for service under -0.9r. 1(1) CPR.
It must comply with o.6r.2 CPR i.e accompanied by a brief summary of evidence, list of witnesses,
documents and authorities…. See Hon. Remmy Kasule‟s case.
The defense (hereafter called WSD) must be filed within 15 days after service of the summons
under– 0.8r.r 1CPR.
Issues 5
Steps on behalf of the defendant where suit is not maintainable
22
 The defendants should file a WSD wherein they can raise a preliminary objection that the
plaint discloses no COA against the defendants in as much as the defendants were not
the proper parties to the suit.
The WSD should be accompanied with a brief summary of the evidence, list of witnesses,
list of documents and list of authorities – 0.6r. 2 CPR. Thus in Hon Remmy Kasule V Hon.
Winnie Byanyima and 2 0Rs HCCS No. 230/2006, held that 0.6r. 2 CPR is mandatory.
 In the alternative but without prejudice to the foregoing, the defendants can apply to
reject the plaint under o.7r .11(a) CPR for not disclosing a COA the procedure whereof is
by chamber summons – 0.7r.19 CPR.
 In the further alternative but without prejudice to the foregoing, the defendants may
apply to be struck out as parties under O.1 r. 10(2) CPR, the procedure whereof is by
summons or motion under 0. 1r 13 CPR.
Documents for option 1 above

 WSD
 Attendant docs under O 6 R 2 CPR
 Affidavit of service
NB: Draft the above Doc
Documents for options 2 and 3 above

 chamber summons
 Supporting affidavit
NB: DRAFT THEM
2007/2008
Brief facts
James Kamugisha, a plaintiff in HCCS No. 353/2007 would like to seek clarification from and
access documents in the possession of Mputa and Ndege Co. Ltd the defendant therein resulting
from the latter‘s written statement of defence.
Issues
1. What remedy is open to Kamugisha in the circumstances
2. What is the procedure and documents necessary for realizing the remedy above?
Law applicable
 The CPA Cap 71
 The evidence Act Cap 6
 The CPR SI. 71-I
 Common law
 Case law
Issue 1 -
Remedies open to Kamugisha
23
INTERROGATORIES
Under0.10r.1 CPR, a plaintiff may apply to court for leave to deliver interrogatories to the
defendant within 28 days from the date of the last reply or rejoinder. The interrogatories should be
in form 2 of appendix B to the rules under 0.10r.4 CPR. Should the defendant refuse to answer the
interrogatories, its defence shall be struck out and suit proceeds without a defence under 0.10r.21
CPR.
DISCOVERY OF DOCUMENTS
Under0.10r. 12(1) CPR, a plaintiff (Kamugisha) may also apply to court for an order directing the
defendant company to make discovery on oath of the documents in its power relating to any
matter in question in the suit. Like interrogatories the defence shall be struck out for defendant‘s
non compliance with the order for discovery…O. 10 r. 21 CPR. The court of appeal for eastern
africa held in Eastern Radio Service V Tiny Tots 1967 EA 392 that before defence can be struck
out, it must be shown that the defendant willfully disregarded the order for discovery under O.1O
r.21 CPR.
INSPECTION OF DOCUMENTS
Kamugisha can also give notice to the company to produce the documents for inspection under
0.10r .15 CPR. The notice takes the form in appendix B to the rules under 0.10 16 CPR. If the
company does not deliver the documents within the time given by court, the plaintiff
(Kamugisha) can apply to court for an order of inspection under 0.10r. 18(1) CPR. The
consequence for the Defendant Company of not delivering the documents for inspection is
rejection of its defence under 0.10r. 21CPR.
Issue 2 –
Procedure and documents
Under 0.10r. 24 CPR. Application for interrogatories, discovery and inspection of documents shall
be by chamber summons. Under 0.52r. 7CPR, application by summons may be supported by
affidavit.
It should be noted that 0.6r. 2 CPR require every pleading (summons inclusive) to be
accompanied by a brief summary of evidence, list of witnesses, list of authorities and list of
documents. In HON. MR. JUSTICE REMMY KAJULE V WINNIE K. BYANYIMA AND 2 ORS HCCS
230/2006 Justice Akiiki – Kiiza held that 0.6r. 2 is mandatory and must be strictly adhered to.
compare with Sulle Pharmacy V The registered Trustees of Ilhoja Muslim brotherhoods.
Like all summons there must be filed on record affidavit of service as required by 0.5r. 16 CPR.
Documents
 Chamber summons
 Affidavit of service
24
MISC. APPLICATION NO. 10 OF 2010
(Arising out of HCCS. No 353 of 2007)
JAMES KAMUGISHA ……………….APPLICANT

V
MPUTA & NDEGE CO. LTD …………RESPODENT
CHAMBER SUMMONS
(Under Orders 10rr 1, 12, 18 and 24 and 52 r. 7CPR)
LET ALL PARTIES CONCENRNED attend the learned judge in chambers on the …..day of …….2008
at ………… o‘clock in the forenoon/ afternoon or as soon thereafter as counsel for the applicant
can be heard on an application for orders that;
1. Leave be granted to the applicant to deliver interrogatories to the respondent in order to

clarify on certain mattes raised by the said respondent in its written statement of defence.
2. The respondent herein produces and delivers to the applicant the documents referred to
in its written statement of defence for the applicant‘s inspection.
3. That the respondent provides the costs of this application.
The grounds of this application are contained in the applicant‘s affidavit which shall be relied on
and read at the hearing.
This summons was taken out on the application of AB of Firm E and Co. Advocates, P.O. Box 7117,
Kampala this …..day of …………2008.
Given under my hand and seal of this court this ………day of ……..2008.
…………………
Deputy/Registrar
2. Supporting affidavit the summons
Title as above

I Kamugisha James C/O Firm E & Co. Advocates, P.O. Box 7117, K‘la. DO Swear and state as
follows;
1. That an adult male Ugandan of sound mind and the applicant herein and I swear this
2. That on the ………….day of …………2008, I instituted HCCS No. 353/2007 for wrongful
dismissal by the respondent.
3. That on the …………..day of …………2008, the respondent herein filed a written statement
of defence wherein it avers that the dismissal was in accordance with the company‘s
service conditions.
25
4. That in the said written statement of defence (herein after called ‗WSD‘) the respondent
alleges that I committed acts of gross misconduct, to wit; falsifying figures in the
company‘s books of accounts and disclosing confidential information to a rival company.
5. That when I asked the respondents to clarify on which information, when and to which
rival company such disclosure was made, it has obstinately refused disclose to date.
6. That the respondent herein further sought to justify my unlawful dismissal by referring to the
company‘s staff regulations, audit report and books of accounts, all of which I have
never seen or heard of before.
7. That when I asked the respondent to avail me a copy of the said documents for
inspection, the latter stubbornly refused to date (copy of inspection notice is attached
and marked ‗A‘)
8. That I was advised by my lawyer, which I verily believe to be true, that this is a good case
for court to grant leave to deliver interrogatories to the respondent and further order it to
deliver the said documents to me for inspection.
9. That it is in the interest of justice for the effectual disposal of the suit that the court grants
my application.
10. That I swear this affidavit in support of my application for leave to deliver interrogatories to
the respondent and an order of production of documents for inspection against the
respondent.
11. That whatever is stated hereinabove is true to the best of my knowledge except
paragraph 8 which is based on my information.
Sworn at Kampala by the said James kamugisha this ...day of .2010.
………………………….
Deponent
Before me;
……………………..
Drawn and filed by:

Firm E & Co. Advocates
P.O. Box 7117, K‘la.
NB: Draft affidavit of service
26
B: The plaintiff (Kamugisha) would like to alter his plaint and does not know what to do.
Issues
1. Whether Kamugisha is entitled to alter his plaintiff;and if so
2. What is the procedure and necessary documents
Issue 1:
Whether Kamugisha can alter his pleadings
0.6r. 7 CPR prohibits departure by one from his previous pleadings except by way of amendment.
Thus in Talikuta V Nakendo 1979 HCB 276, held that it is statutory rule of pleading that a party
pleading is bound by his pleadings – per Allen Ag. J.
However a plaintiff can amend pleadings as follows;
a) Without leave of court at any time within 21 days from the date of issue of summons or
where written statement of defence has been filed within 14 days from the date of such
filing – 0.6r .20CPR.
c) With leave of court under section 100 CPR and rule 19 of order 6, courts allow
amendments provided it is necessary to enable determination of parties‘ rights in respect
of matters in controversy in the suit. Thus in Eastern Bakery V Castellina 1958 EA 462 held
that amendment will be allowed provided its not late, is intended to settle matters in
dispute and shall not cause injustice to the other party. The SC of Uganda laid down the
principles governing the granting of amendments in Gaso Transport v Adala Obene SCCA
No. 4/1994 as follows;
 That it should be allowed if no injustice is caused to the opposite party, that injury
that costs can atone for cannot be injustice to a party.
 It is intended to avoid multiplicity of suits
 it is not barred by law
 The application is made in good faith
 That the application should be made earlier but where there is a late application,
the applicant has a heavier burden to convince court that leave for amendment
be granted.
In the instant case, the defendant filed a written statement of defence in August 2008. This is more
than 14 days for Kamugisha to amend his plaint without leave. Accordingly, Kamugisha needs
leave of court to alter his plaint.
Under0.6r. 31CPR, application for amendment under rule 19 is by chamber summons. This may be
supported by affidavit under 0.52r. 7CPR. However in D.D Bawa V SINGH 1971 EA 382, it was held
that application for amendment of pleadings can be made orally at the time of trial or during
hearing.
Under 0.5r. 16 CPR an affidavit of service of summons must be filed on record.
Documents
27
 Chamber summons

MISC. APPLICATION NO…….. OF 2010

V
CHAMBER SUMMONS
(Under Order6 rr. 20 and 31 CPR)
LET ALL PARTIES CONCENRNED attend the learned judge in chambers on the …..day of …….2008
at ………… o‘clock in the forenoon/ afternoon or as soon thereafter as counsel for the applicant
can be heard on an application for orders that;
1. Leave be granted to the applicant to amend his plaint in civil suit 353 of 2007.
The grounds of this application are contained in the applicant‘s affidavit which shall be relied on
and read at the hearing but briefly are:
1) The claim for special damages was omitted from the applicant‘s plaint.
2) That the amendment shall not occasion injustice to the respondent, shall prevent
multiplicity of suits and it is not barred by law.
3) The application is made without undue delay, in good faith with the view of effectually
determining the rights of the parties to the dispute in the suit.
This summons was taken out on the application of Firm E and Co. Advocates, P.O. Box 7117,
……………………………….
DEPUTY / REGISTRAR
Affidavit in support of summons
28

V
I, Kamugisha James of c/o Firm E & Co. Advocates, P.O. Box 7117, K‘la. DO Swear and state as
follows;
1. That an adult male Ugandan of sound mind and the applicant herein and I swear this
2. That on the ………….day of …………2008, I instituted HCCS No. 353/2007 for wrongful
dismissal by the respondent.
3. That in the said suit, the claim for special damages and its particulars were omitted due to
excusable mistake of my counsel.
4. That multiplicity of suits shall be avoided if the amendment is allowed.
5. That the application is made without undue delay and the same is not barred by law.
6. That the respondent shall not suffer any irreparable injury as a result of the amendment as
such injury, if any, could be compensated by award of costs.
7. That the application is made in good faith in order to enable court to determine all
disputes in controversy between the parties in the same suit.
8. That it is in the interest of justice for the effectual disposal of the suit that the court grants
my application.
10. That I swear this affidavit in support of the summons for amendment of the plaint.
11. That whatever is stated hereinabove is true to the best of my knowledge.
Sworn at Kampala by the said James kamugisha this day of …2010.
………………………….
Deponent
Before me;
………… ……………………..
Drawn and filed by:
29
NB: Draft the affidavit of service
c) The defendant objects to courts jurisdiction on the ground that there was an arbitration
clause in the employment contest with the plaintiff. How do you respond to the objection.
 Arbitration clause in an agreement does not operate as a bar to the jurisdiction of the
courts. Kikonyogo J. (as she then was) alluded to this in ABERO SEBAKIGA V BANYANKOLE
KWETARANA GROWERS CO-OPERTIVBE UNION HCCS NO. 120/1986 where in she held that
the courts jurisdiction cannot be ousted by an arbitration clause unless such jurisdiction is
expressly excluded by the parties.
 The statement that ―any dispute between the employer and employee shall first be
refereed to an arbiter‖ Does not expressly exclude courts jurisdiction.
 Under the arbitration and conciliation Act Cap 4, arbitration agreements are not
enforceable if they are in operative. The clause in issue would only operate if the dispute
refers to terms and conditions of service. Accordingly I invite court to overrule the
preliminary objection and hear the suit on its merits.
d) Plaintiffs counsel gets accident on his way to court only to find the case has been
dismissed.
Issues
1. What remedy is open to a plaintiff whose suit is dismissed for non appearance
2. What is the procedure and necessary documents
Issue 1 –
Remedy to the plaintiff
Reinstatement of the suit
A plaintiff with a good cause for non appearance at the time of dismissal of suit can apply to
court to set aside such dismissal and reinstate the suit under 0.9r. 23 (1) CPR. Thus in Norah
Nakiridde v Hotel International Ltd 1987 HCB 85, consideration for resistatement were laid down
to include whether the applicant honesty intended to be present at hearing and did his best to
attend but was prevented by a sufficient cause cause from attending.
Similarly in NIC V MUGYENYI & CO. ADVOCATES 1987 HCB 28, held that it is open to court to
invoke its inherent powers under s.98 of CPA to set aside and reinstate a dismissed suit for hearing
because the provisions of s.98 CPA have a wider application than the provisions of O.9 r. 23
which merely refers to sufficient cause.
In the present case, Kamugisha‘s counsel was going to court when he was involved in the
accident. This shows that he honestly intended to be present and did his best to do so. To show
his diligence further, he proceeded to court only to find the case dismissed. Accordingly,
Kamugisha can have the suit reinstated.
Issue 2 –
Procedure and document
30
The application is by motion under 0.52r.1 CPR. It should be supported by affidavit under 0.52r. 3
CPR. The motion cannot be heard unless notice thereof has been given to the opposite party –
0.52r.2 CPR. This must be evidenced by affidavit of service of motion under 0.5r .16 CPR.
Documents
 Notice of motion
 Affidavit of service
31

V
NOTICE OF MOTION
(Under Order 9 rr. 23 and Order 52 rr.1,2 and 3 CPR)
TAKE NOTICE that this Honorable Court shall be moved on the …..day of …….2008 at …………
o‘clock in the forenoon/ afternoon or as soon thereafter as counsel for the applicant can be
heard on an application for orders that;
1. Dismissal of civil suit no. 353 of 2007 be set aside and the same be reinstated
The grounds of this application are contained in the affidavit of the respondent‘s counsel which
shall be relied on and read at the hearing but briefly are:
1) There is a sufficient cause for non appearance by the respondent‘s counsel, to wit;
counsel was involved in a car accident on his way to court
2) The application for reinstatement is made without undue delay
This summons was taken out on the application of Firm E and Co. Advocates, P.O. Box 7117,
……………………………….
DEPUTY / REGISTRAR
Affidavit in support of summons
32

V
AFFIDAVIT IN SUPPORT OF MOTION
I, C.A of c/o Firm E & Co. Advocates, P.O. Box 7117, K‘la. DO Swear and state as follows;
1) That an adult male Ugandan of sound mind and an advocate with personal conduct of
civil suit no. 353 of 2007, now the subject of this application and I swear this affidavit in that
capacity.
2) That on the ………….day of …………2008, I was on my way to court to conduct the case
aforesaid when I was involved in an accident.
3) That as a result of the said accident, I reached court late when the suit had already been
dismissed a few minutes earlier for want of appearance.
4) That I honestly intended to be present at the hearing of the suit and did my best to
appear but I was prevented by the accident aforesaid.
5) That I am aware that a suit dismissed in the circumstances aforesaid may be reinstated for
a sufficient cause.
6) That I am also aware that sufficient cause includes anything that prevents a person from
taking the right step at the right time and sickness is one such thing.
7) That the application for reinstatement of the suit is made promptly without undue delay.
8) That it is in the interest of justice for the effectual disposal of the suit that the court grants
my application.
9) That I swear this affidavit in support of the motion for reinstatement of the above suit
10) That whatever is stated hereinabove is true to the best of my knowledge.
Sworn at Kampala by the said James kamugisha this ………day of ……………………2010.
………………………….
Deponent
Before me;
………… ……………………..
33
Drawn and filed by:
NB: Draft the affidavit of service
CIVIL PROCEEDINGS 4TH TERM

PAST PAPER REVISION
QN.1 2005/2006
BRIEF FACTS
Cherop Rhoda is dissatisfied with an order consolidating administrative causes No.1/88 and
No.1/2000. leave to appeal against the order was granted by high court judge on 18/8/2006.
Issues
1. Whether Cherop Rhoda has any remedy and if so,
2. What are the merits of the remedy
3. Which court has jurisdiction to entertain the matter
4. What is the procedure for obtaining the remedy (documents inclusive)
Law Applicable
- The constitution of Uganda 1995 as amended
- The Judicature Act cap 13
- The CPA cap 71
- The CPR SI 71-1
- The Judicature (Court of Appeal rules) Directions S I 13-10
- Common law
- Case law
Issue 1
Whether Rhoda has any remedy
The following remedies are open to a person aggrieved by a decision of court to wit revision,
review and appeal.
 Revision applies only to decision of a magistrate‘s court when it exercises jurisdiction not
vested in it, or failed to exercise a jurisdiction so vested or acted illegally or with material
irregularity or injustice in exercising such jurisdiction. The power shall not be exercised where
there will be serious hardship to any person from lapse of time-see sectionS.83 CPA.
 In the instant case, the decision was made by the High Court of Kampala. Therefore revision
is not applicable.
 Review is invoked where a person considers himself /herself aggrieved by a decree or order
from which no appeal is allowed or appeal is allowed but has not been preferred- see
section 82 CPA. The person must show that there is discovery of a new and important matter
or evidence which with exercise of diligence, was not within the knowledge of that person, or
there is a mistake or apparent error on the face of the record or other sufficient cause –see
O.46r1(2) CPR. Thus in F.X Mubuuke vs UEB HC Misc application No. 98/05 Kasule J held as
follows;
―….a right to review is given by the statute… where a party prays for court to review, he or
she must show there is discovery of new and important evidence which was not within his
knowledge, or there is an error on the face of the record…. for review to succeed on the
34
basis of an error on the face of the record, the error must be so manifestly clear that no
court could permit such error to remain on the record. A wrong application of the law or
failing to apply the proper law is not an error on the face of the record. In such a case,
the best remedy is an appeal and not review…‖
Accordingly the best remedy is an appeal since the key grievance of the applicant is the
wrongful consolidation of the two suits which is not an apparent error on the face of the record.
Issue 2
Whether the remedy (appeal) is tenable

1. Right of appeal
An appeal is a creature of the statute and the right of appeal cannot be implied as was held in A
G V Shah 1971 E A 50. See also Pius Nuwagaba V Law Development Centre
Under section 10 of the Judicature Act and section 66 0f the CPA appeals shall lie to the court of
appeal from the decisions of the High Court.
Appeals to the court of appeal must be commenced within 14 days from the date of the
decision of the High Court under rule 76 (2) of the Court of Appeal Rules.
Where time for appealing has expired the intended appellant should apply to court for extension
of time under rule 5 of the court of Appeal Rules. This is by motion supported by affidavit in view
of rules 43 and 44 of the court of Appeal Rules respectively.
The present decision was made on 18th day of August, 2006 and therefore the defendants must
first apply to the court of appeal for leave to appeal out of time.
2. Ground of appeal
This being a first appeal it is based on matters of law or facts or mixed law and facts. The grounds
of appeal in the present case would be.
1. That the learned trial judge misdirected himself on the law of consolidation of suits and
thereby erroneously held that there was no prejudice to the Appellant to defend the earlier
suit.
2. The learned trial judge misdirected himself on the law and fact in holding that in applying to
assume the role of the administrator of her late mother‘s estate, she had attained the locus to
defend any previous suit.
3. That the learned trial failed to properly evaluate the evidence on record and thus came to a
wrong conclusions
Duty of the first appellate court

The duty of the first appellate court is well settled and can guide one to determine the scope of
the appeal. That an appeal from the High Court is by way of a retrial and the court of appeal is
not bound to follow the trial judges findings of facts if it appears that either he failed to take
account of particular circumstances or probabilities or if the impression of the demeanor of a
witness is inconsistent with the evidence generally see Uganda Breweries V Uganda Railways
Corporation SCCA NO. 6 of 2001
35
It was also held in Pandya V R 1957 E A 336 that it is the duty of the first appellate court to subject
the whole evidence to a fresh and exhaustive scrutiny and draw its own conclusions on the
facts… while bearing in mind that it did not have the opportunity as the trial judge to observe the
demeanor of witnesses while testifying.
The appellate court may confirm, vary or reverse the decision of the trial judge but it may also
order a retrial …see rule 32 of Court of Appeal Rules
Issue 3
Jurisdiction
Under article 134(2) of the constitution of Uganda, 1995 appeal lies to the court of appeal from
the decisions of the high court. This provision is pari materia with S.10 of the judicature Act and
S.66 of the civil procedure Act. Therefore the appeal shall lie to the court of appeal.
Issue 4
Procedure
 Apply to the court of appeal for leave to appeal out of time since the court of appeal has
powers to extend the time if good cause is shown –See rule 5 C.A Rules. The application is
made by notice of motion (r.43) supported by affidavit (r.44).
 Once the application is granted, the intended appellant should lodge notice of appeal with
the registrar of the high court stating whether it is intended to appeal against the whole or
part of the decision r.76 C.A Rules.
 The intended appellant should serve all persons directly affected with the notice of appeal
within 7 days from the date of lodgment-r.78. Thus in AFRO –Co-op Society vs. UG RLY Corp
(2002) 1 EA 1, it was held that service of notice on a litigant is an essential requirement of an
appeal and even where it isn‘t done within the prescribed time, the appeal is rendered
incompetent unless leave of court to file out of time is obtained.
 Apply for record of proceedings which must be served on the respondent proof of which
should be retained by the applicant under rule 83 (2) and (3) of C.A Rules.
 The appellant or the appellant‘s counsel should certify that the record of appeal is a true
copy of the original proceedings….. r.87 (8)
 Then the appeal must be instituted within 60 days after the date of lodging the Notice of
appeal by filing in the Court of Appeal, a memorandum of appeal in 6 copies, the record of
appeal in 6 copies, the prescribed fee and security for cots of the appeal---r.83.
 The memorandum of appeal should set forth concisely under distinct heads numbered
consecutively without argument or narratives the grounds of objection see rule 86 of C.A
Rules
 Then serve the Memorandum and record of appeal on the respondent within 7 days after
lodging them in the court of appeal---r. 88(1) of the Rules.
36
 Then file in the court of appeal a list of authorities the appellant intends to rely on under rule
27 of the Rules
 If an essential step is not complied with the appeal shall be struck out on the application of
the respondent under rule 82 of the Rules. In BEGANI v Ochola C.A No.18/97, held that r.82
renders notice of appeal invalid if the appeal has not been filed within 60 days and the court
is empowered to strike out such notice of appeal.
 If the respondent wishes to be heard on the appeal he or she should file an address of service
in the court of appeal under rule 80
 The registrar shall give hearing notice to the parties---r. 99. If the appellant doesn‘t appear on
the hearing date, the appeal may be dismissed unless the court adjourns the hearing –r.100
(1) C.A Rules.
 The parties may opt to submit orally or in writing
Issue 5
Documents
For leave to appeal
- Notice of motion
- Affidavit in support
For appealing
- Notice of Appeal
- Memorandum of Appeal
- Letter for record of proceedings
- Affidavit of service of application/ letter for the record of proceedings
- Certificate of correctness
- List of authorities and judgments
37
IN THE COURT OF APPEAL OF UGANDA AT MENGO
CIVIL APPLICATION NO……… of 2009
(Arising from HC MISC. APPLICATION NO. 1 0F 2006)
IN THE MATTER OF AN INTENDED APPEAL

BETWEEN
CHEROP RHODA………………………………...APPLICANT
AND
MALINGA WILLY…………………………….RESPONDENT
NOTICE OF MOTION
(Appeal from the order of the High Court of Mbale before the honourable justice Rugadya
Atwooki dated………………….20…………..in administrative cause No.1/2000)
TAKE NOTICE that THIS Honorable Court shall be moved on the…………………………….day

of……………..20……….at ……………….o‘clock in the forenoon/afternoon or as soon thereafter as
she can be heard, as counsel for the applicant shall be heard for-
1. An order that leave be granted to the applicant herein to appeal against the decision
aforesaid out of time.
2. That costs of and incidental to this application abide the result of the appeal.
TAKE FURTHER NOTICE that the application will be supported by the affidavit of the applicant
which shall be read and relied upon at the hearing.
The address of service of the applicant is firm E & Co Advocates P.O.Box 7117, Kampala.
Dated at Kampala this……………….day of……………….2008
…………………………………….
Applicant‟s counsel
Lodged in the registry at Kampala on the………day of……………2009
………………………………..
Register
Drawn and Filed by
P.O Box 7117
Kampala
38

BETWEEN
CHEROP RHODA………………………………...APPLICANT
AND
MALINGA WILLY…………………………….RESPONDENT

I, RHODA of c/o Firm E and Co. Advocates P.O Box 7117 Kampala do hereby swear and state
1. That I am an adult female Ugandan of sound mind and the applicant herein and I swear
this affidavit in that capacity.
2. That on the 18th day of August, 2006 the High Court of Mbale consolidated two suits
against me and granted me leave to appeal.
3. That I instructed my lawyers M/s Firm A and Co. Advocates to appeal as I was preparing
to go abroad for further studies.
4. That I returned to Uganda on the 7th day of August, 2006 when I found that no appeal has
been lodged.
5. That I have now instructed my new lawyers messrs Firm E and Co. Advocates to appeal
but they have advised me which I verily believe to be true that the appeal is out of time.
6. That I am also advised by my new lawyers aforesaid which I verily believe to be true that
this is a proper case for court to extend time of appeal since negligence of my previous
lawyers can not be visited on me.
7. That it is in the interest of justice that leave be granted to me to appeal out of time since
the appeal raises fundamental issues of law.
8. That I swear this affidavit in support of my application for leave to appeal out of time.
9. That whatever I have stated herein is true to the best of my knowledge except
paragraphs 5 and 6 which are based on my information and belief.
Sworn at Kampala by the said Rhoda this ………….. day of ………………., 2009.
_____________________________________
Deponent
Before me:
________________________
Commissioner for Oaths
39
Drawn and Filed by
P.O Box 7117
Kampala
Brief facts
The defendants in the HCCS No.276/2001, Tajdin Hussein, rainbow foods Ltd and visas Hussein are
not satisfied with the decision in the case and seek legal advice on the best possible remedy to
them in the circumstances.
Issues
1. What remedies are open to the Defendants in the circumstances
2. Whether the remedy is tenable
3. Which court has jurisdiction in the matter
4. What is the procedure and documents necessary for enforcing the remedy above
5. Whether the Defendants are entitled to any interim remedy
Law Applicable
- Constitution
- The Judicature Act Cap 13
- The CPA Cap 71
- CPR S I 71-1
- The Judicature (Court of Appeal Rules) Directions, S I 13-10
- Common law
- Case law
Issue 1
Remedies open to the Defendants
The following remedies are open to a person aggrieved by a decision of court to wit revision,
review and appeal.
 Revision applies only to decision of a magistrates court when it exercises jurisdiction not
vested in it, or failed to exercise a jurisdiction so vested or acted illegally or with material
irregularity or injustice in exercising such jurisdiction. The power shall not be exercised where
there shall be serious hardship to any person from lapse of time-see section S.83 CPA. In the
instant case, the decision was made by the High Court of Kampala. Therefore revision is not
applicable.
 Review is invoked where a person considers himself /herself aggrieved by a decree or order
from which no appeal is allowed or appeal is allowed but has not been preferred- see section
82 CPA. The person must show that there is discovery of a new and important matter or
evidence which with exercise of diligence, was not within the knowledge of that person, or
there was a mistake or apparent error on the face of the record or other sufficient cause –see
O.46r1(2) CPR. Thus in F.X Mubuuke vs UEB HC Misc application No. 98/05 Kasule J held as
follows;
―….a right to review is given by the statute… where a party prays for court to review, he or
she must show there is discovery of new and important evidence which was not within his
knowledge, or there is an error on the face of the record. That for review to succeed on
40
the basis of an error on the face of the record, the error must be so manifestly clear that
no court could permit such error to remain on the record. A wrong application of the law
or failing to apply the proper law is not an error on the face of the record. In such a case,
the best remedy is an appeal and not reviews…‖
See also Nakivubo Chemists V Kampala Pharmacy
Accordingly the best remedy is an appeal since the errors or mistakes complained of vary from
misapplication of the law to failing to apply the proper law as well as evaluation of evidence.
Issue 2
Whether appeal is tenable
Right of appeal
An appeal is a creature of the statute and the right of appeal can not be implied as was held in
A G V Shah 1971 E A 50. See also Pius Nuwagaba V Law Development Centre C.A. CIVIL
APPLICATION NO……..OF 2005.
Under section 10 of the Judicature Act and section 66 0f the CPA appeals shall lie to the court of
appeal from the decisions of the High Court.
Appeals to the court of appeal are commenced within 14 days from the decision of the High
Court under rule 76 (2) of the Court of Appeal Rules.
Where time for appealing has expired the intended appellant should apply to court for extension
of time under rule 5 of the court of Appeal Rules. This is by motion supported by affidavit in view of
rules 43 and 44 of the court of Appeal Rules respectively.
The present decision was made in 2004 and therefore the defendants must first apply for leave to
appeal out of time.
Ground of appeal
This being a first appeal it is based on matters of law or facts or mixed law and facts. The grounds
of appeal in the instant case are.
1. The learned trial judge erred in law and fact in failing to direct himself on the inconsistencies in
the evidence of the plaintiff‘s witnesses.
2. The learned trial judge erred in law and fact in holding that the defendants were in breach of
contract when the evidence on record did not prove such finding.
3. The learned trial judge erred in law and fact in failing to properly evaluate the evidence on
record as a whole thereby arriving at a wrong conclusion.
4. The learned trial judge erred in law and fact when he failed to make a finding on whether the
goods supplied correspond with the sample.
5. The learned trial judge erred in fact and law when he failed to make a finding on whether the
goods examined by UNBS were the goods supplied by the appellants.
6. The learned trial judge misdirected himself on the law and facts when he held that the
respondent was entitled to reject the appellants‘ goods and therefore repudiate the
contract.
41
Duties of the first appellate courts
The duty of the first appellate court is well settled and can guide one to determine the scope of
the appeal. That an appeal from the High Court is by way of a retrial and the court of appeal is
not bound to follow the trial judges findings of facts if it appears that either he failed to take
account of particular circumstances or probabilities or if the impression of the demeanor of a
witness is inconsistent with the evidence generally see Uganda Breweries V Uganda Railways
Corporation SCCA NO. 6 of 2001
It was also held in Pandya V R 1957 E A 336 that it is the duty of the first appellate court to subject
the whole evidence to a fresh and exhaustive scrutiny and draw its own conclusions on the
facts… while bearing in mind that it did not have the opportunity as the trial judge to observe the
demeanor of witnesses while testifying.
Powers of the appellate court

The appellate court may confirm, vary or reverse the decision of the trial judge but it may also
order a retrial …see rule 32 of Court of Appeal Rules.
Issue 3
Jurisdiction
Under article 134(2) of the constitution of Uganda, 1995 an appeal lies to the court of appeal
from the decisions of the high court. This provision is pari materia with S.10 of the judicature Act
and S.66 of the civil procedure Act. Therefore the appeal shall lie to the court of appeal.
Procedure
 Apply to the court of appeal for leave to appeal out of time since the court of appeal has
powers to extend the time if good cause is shown –See rule 5 C.A Rules. The application is
made by notice of motion (r.43) supported by affidavit (r.44).
 Once the application is granted, the intended appellant should lodge notice of appeal with
the registrar of the high court stating whether it is intended to appeal against the whole or
part of the decision r.76 C.A Rules.
 The intended appellant should serve all persons directly affected with the notice of appeal
within 7 days from the date of lodgment-r.78. Thus in AFRO –Co-op Society vs. UG RLY Corp
(2002) 1 EA 1, it was held that service of notice as a litigant is an essential requirement of an
appeal and even where it isn‘t done within the prescribed time, the appeal is rendered
incompetent unless leave of court to file out of time is obtained.
 Apply for record of proceedings which must be served on the respondent proof of which
should be retained by the applicant under rule 83 (2) and (3) of C.A Rules.
 The appellant or appellant‘s counsel should certify that the record appeal is a true copy of
the original proceedings……r.87(8)
 Then the appeal must be instituted within 60 days after the date of lodging the Notice of
appeal by filing in the Court of Appeal, a memorandum of appeal in 6 copies, the record of
appeal in 6 copies, the prescribed fee and security for cots of the appeal-r.83.
42
 The memorandum of appeal should set forth concisely under distinct heads numbered
consecutively without argument or narratives the grounds of objection see rule 86 of C.A
Rules
 Then serve the Memo and record of appeal on the respondent within 7 days after the date of
lodgment of the memorandum and record of appeal –r. 88(1) of the Rules.
 Then file in the court of appeal a list of authorities and judgment the appellant intends to rely
on under rule 29 of the rules
 If an essential step is not complied with the appeal shall be struck out on the application of
the respondent under rule 82 of the Rules. In BEGANI v Ochola C.A No.18/97, held that r.82
renders notice of appeal invalid if the appeal has not been filed within 60 days and the court
is empowered to strike out such notice of appeal.
 If the respondent wishes to be heard on the appeal he or she should file an address of service
in the court of appeal under rule 80 of the C.A .RULES
 The registrar shall give hearing notice to the parties-R 99. if the appellant doesn‘t appear on
the hearing date, the appeal may be dismissed unless the court adjourns the hearing –
r.100(1) C.A Rules.
 The parties may opt to submit orally or in writing
Issue 5 Documents
For leave to appeal
- Notice of motion
- Affidavit in support
For appealing
- Notice of Appeal
- Memorandum of Appeal
- Letter for record of proceedings
- Affidavit of service of application/ letter for the record of proceedings
- Certificate of correctness
- List of authorities and judgments
43

BETWEEN
1.TAJDIN HUSSEIN
2.RAINBOW FOODS LTD
3.NIZAR HUSSEIN…………………………...APPLICANTS
AND
MALINGA WILLY………………………….RESPONDENT
NOTICE OF MOTION
(Appeal from the order of the High Court of Kampala before justice…………..
dated………………….20…………..in HCCS NO. 276 of 2001)
TAKE NOTICE that THIS Honorable Court shall be moved on the…………………………….day

of……………..20……….at ……………….o‘clock in the forenoon/afternoon or as soon thereafter as
she can be heard, as counsel for the applicant shall be heard for-
1. An order that leave be granted to the applicant herein to appeal against the decision
aforesaid out of time.
2. That costs of and incidental to this application abide the result of the appeal.
TAKE FURTHER NOTICE that the application will be supported by the affidavit of the applicant
which shall be read and relied upon at the hearing
Dated at Kampala this……………….day of……………….2008
…………………………………….
Applicant‟s counsel
Lodged in the registry at Kampala on the………day of……………2009
………………………………..
Register
Drawn and Filed by
P.O Box 7117
Kampala
44
(Arising from HCCS NO. 276 0F 2001)

BETWEEN
1. TAJDIN HUSSEIN
2. RAINBOW FOODS LTD
3.NIZAR HUSSEIN…………………………...APPLICANTS
AND
MALINGA WILLY………………………….RESPONDENT

I, TAJDIN HUSSEIN of c/o Firm E and Co. Advocates P.O Box 7117 Kampala do hereby swear and
state
1. That I am an adult male Ugandan of sound mind and one of the applicants herein and I
swear this affidavit in that capacity.
2. That on the 18th day of August, 2004 the High Court of Kampala passed a judgment jointly
against me and other applicants herein.
3. That I instructed my lawyers M/s Firm A and Co. Advocates to file an appeal against the
decision aforesaid.
4. That I have just learnt on the 7th day of August, 2006 that no appeal has been lodged by
the said lawyers albeit the said lawyers insisted that an appeal had been filed.
5. That I have now instructed new lawyers Firm E and Co. Advocates to institute the appeal
but they have advised me which I verily believe to be true that the appeal is out of time.
6. That I am also advised by my said lawyers which I verily believe to be true that this is a
proper case for court to extend time of appeal since negligence of my former lawyer can
not be visited on me.
7. That it is in the interest of justice that leave be granted to me to appeal out of time since
the appeal raises fundamental issues of law.
8. That I swear this affidavit in support of my application for leave to appeal out of time.
9. That whatever I have stated herein is true to the best of my knowledge except
paragraphs 5 and 6 which are based on my information and belief.
Sworn at Kampala by the said Rhoda this ………….. day of ………………., 2009.
______________________
Deponent
Before me:
_____________________________
45
Drawn and Filed by
P.O Box 7117
Kampala
Qn.2 2006/7
Brief facts
Twenty (20) find your students of the international law institute (ILI) are dissatisfied with the
decision to dismiss them by the institute and they seek advise from me.
Issues
1) Whether the students have any claim against the international law institute (ILI)
2) What remedy is available to the students in the circumstances
3) Which court has jurisdiction to entertain the matter
4) What is the procedure for realizing the above remedy
5) What are the necessary documents
Law Applicable
The constitution of the Republic of Uganda 1995
The judicature Act cap 13
The Evidence Act cap 6
The Education Act
The CPA cap 71
The CPR S I 71-1
The Judicature (Judicial review) Rules, 2009
Common law and doctrines of equity
Case law
Issue 1
Whether the students have any claim
A Cause of action is defined as a fact or bundle of facts appearing in a plaint which if not
traversed entitles the plaintiff to a judgment against the Defendant-per Wambuzi CJ (as he then
was) in A.G v Maj. Gen David Tinyefuza SCCA No.1/97, quoting from Mulla on code of civil
procedure vol.1, 14th Ed at p206.
The plaintiff must show that he/she enjoyed a legal right, the right has been violated and the
defendant is liable, per Spry V-P in Auto garage v Motokov 1971 EA 514 at 519.
The constitution provides for the right to a fair hearing in civil proceedings which is inviolable
under Art.28 (1) and 44(c) respectively. This provision constitutionalises the principle of natural
justice which has long been administered by courts of law in the adjudication of cases-otherwise
called audi alteram partem.
46
This right entails giving the affected party notice of the nature of the allegations made against
him, giving that party an opportunity to examine witnesses, if any, call his own witness(es) and be
given adequate time to prepare defence before any judicial or administrative decision can be
made against him or her. The authority for this proposition is RIDGE V BALDWIN 1964 AC 40, where
it was held that natural justice should always be observed by any person or body with legal
authority to determine questions which affect the rights of individuals. Further in De Souza v Tanga
Town Council 1961 EA 372, it was held that natural justice requires that a person should be
informed of the case laid against him and be given an opportunity to adequately answer the
charge.
In the instant case, the 20 students were finalists. They were expelled instantly and stopped from
sitting any further exams although they recorded statements, they were not afforded adequate
opportunity to answer the charge neither were they given time to call their own witnesses or to
cross examine the witnesses who allegedly caught them cheating. I therefore conclude that the
students have a cause of action.
Issue 2
Whether the students have a remedy
 The students can apply for a judicial review. In order to invoke this remedy, an applicant
must prove that the proceedings were illegal or improper or irrelevant matters were
considered, per Kasule J in Francis Bahikirwe Muntu & ORS v Kyambogo University Misc.
application No. 643/2005, where he held that procedural impropriety occurs when an
administrative body fails to act fairly in the process of its decision making, which includes
failure to observe the basic rules of natural justice.
 In the present case, the resolution in issue already proves that rules of natural justice were
flouted. Accordingly, judicial review can be invoked.
 A person aggrieved by the decision of an administrative body may apply for certiorari, or
mandamus, or prohibition- see section 36(1) of the judicature Act.
 Mandamus is invoked where a public authority has failed to act, to require such act to be
done- see section 36 (1) (a) of the Judicature Act. In Ssebuliba v Treasury Officer of
Accounts HC Misc application No.127/92 held that mandamus issues to force the arm of
government to discharge its duties.
 Certiorari is invoked to correct an error by removing record of proceedings to the High

Court-see section 36(1) c) of the Judicature Act.
 Prohibition is invoked in order to prohibit the public authority from implementing the
impugned decision or taking any further step in the impugned proceedings-see section
36(1) b) Judicature Act.
 The above orders are not available where other remedies like review or revision could be
granted by the HC- see section 36 (2) Judicature Act.
In the present case, the said students were dismissed without a hearing. They can invoke
certiorari to quash the decisions; prohibition to prevent the ILI from implementing it and
mandamus to compel them to re-admit the students to the institute.
47
 Since exams are on going, the students are entitled to an interim order to compel the
institute to allow them to sit for the exams pending the determination of the application
for judicial review. This can be done by invoking the court‘s inherent powers under Section
98 CPA. In Board of Governors of Kawempe Muslim School v Hussein Kasekende & Ors
High Court Misc application No.637 of 2006, Kasule J held that the registrar had powers to
make an interim order to prohibit the applicants from preventing the students from sitting
exams.
 The procedure for application for an interim order is by motion supported by affidavit as
was held by the Supreme Court in Lawrence Musitwa Kyazze V Eunice Busingye supra that
where there is no specific procedure provided by the law recourse can be had to section
98 CPA and O.52 CPR-see order 52 rr1 and 3 CPR respectively. Since this is urgent, the
court can dispense with notice to ILI under order 52 r 2 CPR.
Issue 3
Forum
Applications for judicial review are made to the high court- see section 36 of the Judicature Act.
Issue 4
Procedure for judicial review
Procedure is governed by the Judicial Review Rules of 2009.
NB: please check for the relevant rules in the Rules
 The application for judicial review is by Notice of motion in the form prescribed by the
Judicature (Judicial Review) Rules, 2009.
 The application is supported by an affidavit-
 It should be made within 3 months from the date the ground of review first arose unless
the time is extended by court for a sufficient cause.
 The motion should be served on all the persons affected thereby. This must be confirmed
by an affidavit of service.
 In the meantime, apply for an interim order to maintain the status quo pending the
determination of the application for review by motion supported by affidavit under O. 52
rr.1 and 3 CPR.
Issue 5
Documents for Interim Order
1) Notice of motion
2) Affidavit in support of motion
For judicial review
1) Notice of motion
2) Supporting affidavit
3) Affidavit of service of notice of motion
NB THE NOTICE OF MOTION IS IN THE SCHEDULE TO THE JUDICIAL REVIEW RULES, 2009
DRAFT THE ABOVE DOCUMENTS
48
MOTION FOR INTERIM ORDER
MISCELLANEOUS APPLICATION NO………… OF 2010
(ARISING FROM MISCELLANEOUS APPLICATION NO …… OF 2010)
M & B ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: APPLICANT
VERSUS
INTERNATIONAL LAW INSTITUTE:::::::::::::::::::::::::::::: RESPONDENT
NOTICE OF MOTION EXPARTE

(Under S.98 of the Civil Procedure Act cap 71 and O.52 rr.1,2 and 3 of the Civil Procedure Rules S I
71-1)
TAKE NOTICE that this Honourable Court shall be moved on the ……….. day of ………………., 2010,
at …………. O‘clock in the forenoon / afternoon or soon thereafter as counsel for the applicant
shall be heard on the application for orders:
1. That an INTERIM ORDER doth issue to restrain the respondent, its servants, agents and / or
employees from stopping the applicants from sitting for their exams now ongoing pending
the disposal of the motion for judicial review.
2. That the costs of this application should be in the main cause.
TAKE FURTHER NOTICE that this application is supported by the affidavit of M & B, one of the
applicants herein, which shall be read and relied on at the hearing but briefly are:
1. That the applicants were unilaterally expelled from sitting their exams by the respondent
without a hearing.
2. That the applicants have already moved court for judicial review of the said decision
which has a very high likelihood of success.
3. That the motion for judicial review raises fundamental issues of law and fact which have
to be determined by this court on its merits.
4. That the main application shall be rendered nugatory if the interim order is not granted.
5. It is in the interest of justice that the interim order be granted to preserve the status quo
until the main application is heard inter parties.
DATED at Kampala this ……….. day of ………………., 2010.
49
__________________
Applicants‘ Counsel
GIVEN under my hand and seal of this Court this ……………. Day of ………………….., 2010.
____________________
Deputy / Registrar
DRAWN & FILED BY:

WEB ADVOCATES AND SOLICITORS
KISOZI COMPLEX NAKASERO 3RD FLOOR
P.O BOX 3155.
KAMPALA-UGANDA.
AFFIDAVIT IN SUPPORT OF MOTION-INTERIM ORDER
MISCELLANEOUS APPLICATION NO………… OF 2010
(ARISING FROM MISCELLANEOUS APPLICATION NO……… OF 2010)
M & B ::::::::::::::::::::::::::::::::::::::::::::::::::::::::: APPLICANT
VERSUS
INTERNATIONAL LAW INSTITUTE::::::::::::::: RESPONDENT
I, M & B of c/o Web Advocates and Solicitors Kisozi Complex 3 rd Floor P.O Box 3155 Kampala do
solemnly swear and state as follows—
1. That I am an adult male Ugandan of sound mind and the applicant herein and I swear
this affidavit in that capacity.
2. That the applicants were unilaterally expelled from sitting their exams by the respondent
without a hearing.
3. That the applicants have already moved court for judicial review of the said decision
which has a very high likelihood of success.
4. That the motion for judicial review raises fundamental issues of law and fact which have
to be determined by this court on its merits.
5. That the main application shall be rendered nugatory if the interim order is not granted in
so far as the applicants will have to wait for another whole year to sit for their next exams.
50
6. It is in the interest of justice that the interim order be granted to preserve the status quo
until the main application for judicial review is heard inter parties.
7. That I swear this affidavit for an interim order pending the determination of the main
application.
8. That whatever is stated herein is true to the best of my knowledge.
Sworn at Kampala by the said M & B this ………… day of ………………………………., 2010.
………………………………………
DEPONENT
BEFORE ME:
…………………………………………………
DRAWN & FILED BY:

WEB ASSOCIATES AND ADVOCATES
KISOZI COMPLEX NAKASERO 3RD FLOOR
P.O BOX 3155
KAMPALA-UGANDA.
Kabagambe Godfrey and sons v charles

Lipenga Masengeri CA civil application 192/07 Hannington Wasswa of Anor v Maria Ochola & Ors
Sc Misc application 12/88 1992 iv KALR97 horizon coahes Ltd v Francis Mutabezi & Ors Sc civil
appeal No. 20/2001
Nuwagaba C.A civil application 18/2005s
INDIVIDUAL ASSESSMENT
- Mortgage borrows money 4m the bank (mortgagee). The mortgagee needs more money
for the Co. required further security. The MD of mortgage Co. advances his personal
building
- Phrases
- And in consideration of the mortgagee
- I hereby mortgage the new party should secure the first party
- Devajnes V noble 35 ER 769 they sule in elaytoris case otherwise called the daytoris case:
principle: in the absence of an apples agreement to the contrey, the sum first paid in and
the first drown is desclerged reduced by the first item on the credit side
- Fredrick Zaabwe V Orient Bank party and 5 org. Icca No. 4/2006
- Banks are now reluetent to accept powers of attorney
- Mortgage and further charge
51
- In consideration of sum of 1.5m advanced 2 BH Ltd and in consider of exist of facilities
enjoyed by XYZ Ltd at the filicidal insistence of the mortgage, the mortgages hereby
mortgage hereby mortgage the respective parties
- In consideration of a sum of r…. advanced to the beneficiate by XY2 ltd of the special
instance of the vender, I hereby mortgage
- In UCB U Bushu year, title was deposited in the bank to secure money bank didn‘t lodge a
covert since the title had been stlen. Court found that true there was a mortgage
between the remedy of foreclosure wasn‘t available since the security wasn‘t in the
ended of the bank
- G.M combined UAK Detergents
DOMESTIC RELATIONS FINAL EXAMS 2006/ 7
QUESTION 1 BRIEF FACTS

Okello married Akun in LIRA at st Andrews church and begot 5 children. In 1979 he made a will
giving all his properties to Akun and her children. In the same year he purported to marry Sarah
under Teso customary law and begot 4 children. He later acquired more properties after the will.
OKELLO is now ill and wants to know the status of his estate and what he ought to do.
ISSUES
1. Whether Okello‘s marriage with Akun is valid
2. Whether Okello‘s customary marriage with Sarah is valid
3. Whether okello‘s will of 1979 is valid
4. Whether the properties acquired by okello after the will are part of his estate.
5. Whether Sarah and her children can share in his estate
6. How can okello cater for the new developments regarding his estate
Law Applicable.
 The constitution of the Republic of Uganda 1995
 The customary marriage (Registration) Act Cap 248.
 The marriage Act Cap 252
 The marriage of Africans Act Cap 253
 Succession Act cap 162
 Registration of Titles Act cap 230
 Companies Act cap 110
 Common Law
 Case Law
DISCUSSION
ISSUE 1 Validity of marriage with AKUN

Marriage was defined in ALAI V UGANDA 1967 EA 596 wherein sir Udo Udoma held that any
married woman is any woman married to any man provided the marriage was conducted in one
52
of the forms of marriage recognized by the people of Uganda including marriage according to
custom. According to Lord Penzance in HYDE V HYDE 1866 L.R 1P & D 130 at 133 marriage as
understood in Christendom is a voluntary union of one man with one woman for life to the
exclusion of all others.
To contract a valid church or civil marriage one must comply with the following requirements as
stipulated under section 10 of the Marriage Act:
Neither party has a subsisting marriage with another person other than the intended spouse;
parties should not be related by affinity or consanguinity; and the parties should be above 21
years of age. However the constitution fixes marriage age at 18 years and being the supreme law
as provided under article 2, it is imperative to conclude that marriage age is 18 years.
The marriage should be celebrated in a gazetted place of worship and by a recognized minister
of the church as provided under section 20 of the Marriage Act.
According to HALSBURY‟S LAWS OF ENGLAND Vol 19 para 813 where there is evidence of a
ceremony of marriage followed by cohabitation of the parties, everything necessary for the
validity of the marriage will be presumed in the absence of decisive evidence to the contrary.
In the present case okello and Akun married at st Andrews church in Lira. There is no evidence
that the foregoing requirements were not complied with. I therefore conclude that this marriage
is valid.
Issue 2 Validity of Customary marriage with Sarah
Customary marriage is marriage according to the rites and custom of the community to which
one of the parties belongs as provided under section 1(b) of the customary marriage
(Registration) Act.
A valid customary marriage depends on the fulfillment of the requisite requirements under the
custom. Thus in Uganda V Peter Kato and 3 Ors 1976 HCB 2004, Ssekandi, Ag. J. held that in order
for a union to be regarded as a marriage under the law, the parties must have satisfied all the
formal and essential requirements prescribed for the validity of a marriage under the customary
law.
Consequently, section 11 of the Customary Marriage (Registration) Act, lays down the formal
requirements for the validity of customary marriage, to wit;
(a) The female party to it must be 16 years and above.
(b) The male party must be 18 years and above.
In regard to age, article 31 of the constitution puts the age of marriage at 18 years. Under
article 2 of the constitution read together with article 274 of the constitution, customs and
laws inconsistent with the constitution are void to the extent of the inconsistency. Hence
putting the age of the girl at 16 years is void against the constitution. However, since it has
not been declared unconstitutional, the age of female party to a customary marriage
remains 16 years.
(c) The parties must be of sound mind. If one party is insane, the marriage is void.
(d) The parties are not within prohibited degrees of kinship or the marriage is not prohibited by
the customs of one of the parties to the marriage…see BRUNO KIWUWA V IVAN
SSERUNKUMA
(e) None of the parties should have a subsisting monogamous marriage.
53
It was thus held by justice SPRY in Kristina d/o Hamisi V Omar Ntalala 1963 E A 463 that a person
who has contracted a valid marriage under the Marriage Act is incapable during the subsisting
marriage of contracting another marriage. Moreover under section 36 of the Marriage Act any
customary marriage is void if it is contracted subsequent to a valid monogamous marriage.
Accordingly the subsequent customary marriage between okello and Sarah is a nullity without
any effect in law.
Issue 3 validity of the will

A will is an instrument by which a person expresses his or her wishes regarding the distribution of his
estate upon his or her demise. The authority for this proposition is MILNES V FODEN 1890 15 PD 105
in which it was held that „…if the intention of the writer of the paper was to convey the benefits
by the instrument which would be conveyed by it if considered as a will; and that death was the
event that was to give effect to it, then whatever may be its form, it may be admitted to probate
as testamentary‟.
In order to make a valid will the maker must be of sound mind and not a minor in order to have
testamentary capacity under section 36 of the succession Act.
Secondly the testator must have animus testandi, that is, intention to voluntarily dispose of his
properties by will and intending the dispositions to take effect upon or after his or her demise. Thus
in MILNES V FODEN supra it was held that an instrument is testamentary if the maker purports to
dispose of his or her property by it and intends such dispositions to take effect on or after his
death. See also COCK V COOKE by lord Penzance
The will must be duly executed. This means it must be signed by the testator or another person
under the testator‘s direction and in his presence under section 50 of the succession Act. It must
also be attested by at least two or more witnesses who must be present and saw the testator sign.
An unattested will or one where the attesting witnesses did not see the testator sign has been
held to be invalid by Byamugisha J (as she then was) in ADMINISTRATOR GENERAL V NAKIYAGA &
ORS 1993 3 KALR 1.
There are no facts showing the present will was made without capacity on the part of okello
neither does it show that okello did not have testamentary intention. Moreover it is not shown that
the will was not duly executed. Accordingly it must be presumed to be valid for all the purposes
of the law.
Issue 4 whether property acquired after the will are part of okello‟s estate
Under section 36 of the succession Act a person may dispose of his or her property by will.
According to Kireju J in JAMES KATENDE & ORS V BYAMUKAMA Administration cause NO. 201 of
1992, the property to be disposed of by the testator by will must be his property or one in which
he has some interest lest no interest passes to the legatee as no one can give away what does
not belong to him.
His share in DFCU Bank and Odokomit Co. Ltd; residential house in Naalya and the Lorry are
without doubt part of his estate which he can dispose of.
Regarding the plot of land at Jinja in his name jointly with Sarah, he should sever his interest from
that of Sarah now before his demise if his interest therein is to go to his estate. This is because
54
under section 56 of the Registration of Titles Act where property is registered in the names of two
or more persons jointly a joint tenancy is presumed unless there is contrary evidence. The import
of joint tenancy is that when one party dies the survivor takes the whole property and the
deceased‘s estate inherits nothing from the joint property.
Issue 5 whether Sarah and her children can share in Okello‟s estate
Sarah is the mother of okello‘s 4 children but is not married to him. Accordingly she has no interest
in okello‘s estate unless okello gives her property by will. The case in point is CHRISTINE MALE &
ANOR V NAMANDA & ANOR 1982 HCB 140 wherein Kato J held that the mere fact that a woman
has children with a man does not entitle her to have any interest in the deceased‘s estate.
Regarding the children they are entitled to share in okello‘s estate. This is because children
include legitimate, illegitimate and adopted children for purposes of succession under section 2
of the Succession Act. This view had long been approved by Sir John Gray in KAJUBI V KABALI
1944 EACA 34 in which he held that there is nothing repugnant either with morality or injustice in
any custom which allows illegitimate child to share in his father‘s estate.
Being a child alone also entitles such child to apply to court to vary a will if it makes no provision
for him or her under sections 37 and 38 of the succession Act.
Issue 6 how the new developments can be catered for

There are two options namely
Okello can make another will and revoke the previous will. Under section 57 of the Succession Act
and Re BRYAN 1907 PD 125 a later will may revoke an earlier testamentary instrument.
He can also make a codicil which will amend the will by varying, modifying, altering or revoking it.
This is because as was held in Milnes V Foden supra and Cock V Cooke any document of
whatever description can be admitted to probate provided the maker thereof purports to
dispose of his property by it and the dispositions are to take effect upon the maker‘s demise.
In the present case since the terms of the will are not known it is safer to prepare a codicil in order
to modify or amend the will.
It must be duly executed by okello signing it in the presence of two or more witnesses who must
both be present and actually see okello signing as required by section 50 of the succession Act.
Needless to say that unsigned or unattested will or a will whose attesting witnesses did not see the
testator affix his or her signature is invalid as was alluded to by Byamugisha J in ADMINISTRATOR
GENERAL V NAKIYAGA supra.
Draft the CODICIL

THE SUCCESSION ACT CAP 162
CODICIL
This is the LAST TESTAMENT of me, MOSES OKELLO, which I make this ………. day of ……………..
2009 AND I HEREBY REVOKE all my previous testamentary dispositions made by me AND I
DECLARE this to be my last TESTAMENT.
I DO DECLARE AS FOLLOWS
55
1. I appoint my son OPIO whom I love and trust very much to be my customary heir.
2. The following are my children
 Okello Allan
 Alice Auma
 Annet Aol
 Apio
 Acen
 Opio
 Ocen
 Odongo
 Akello
3. The following are my properties
 50 shares at DFCU bank
 60 shares at Odokomit Co. Ltd
 A residential house in Naalya Housing Estate
 A lorry reg. UAJ 123
 A plot of land at Jinja camp in Lira in my name together with Sarah Okello
 ANY other or further property now belonging or which shall hereafter belong to me
and which are not disclosed in this codicil or which may be disclosed after my
death.
4. BEQUESTS
 I BEQUETH, DEVISE AND GIVE ALL my shares in DFCU BANK AND ODOKOMIT CO. LTD and
my lorry to all my children hereinabove mentioned in equal shares to hold onto and
enjoy for their lifetime.
 I ALSO BEQUETH AND GIVE my residential house in NAALYA HOUSING ESTATE to my

beloved wife Mrs. AKUN OKELLO to enjoy during her lifetime AND IT SHALL BE LAWFUL FOR
HER to deal with the said property in whatever manner she deems fit whether such
dealing shall be by will or gift intervivos or otherwise.
 I FURTHER BEQUETH MY WHOLE INTEREST in the plot of land at Jinja camp in Lira now jointly
held by me and Sarah to my lovely Sarah to hold onto herself for the rest of her life
PRIVIDED THAT the said Sarah shall be at LIBERTY to dispose of such land during her
lifetime whether by way of will or gift or otherwise as the case may be.
56
 IN THE EVENT that the beneficiaries named herein specifically AKUN and SARAH shall not
dispose of their bequest as herein provided, the bequests shall, upon their demise revert
to my estate and shall be shared by any of my surviving children
5. I DO HEREBY NOMINATE AND APPOINT AKUN AND OPIO as the executors of this my last
TESTAMENT
6. COPIES of this will are kept with FIRM E & CO. ADVOCATES LAW DEVT CENTRE P.O BOX
7117 KAMPALA.
I have made this will voluntarily without any coercion, duress or undue influence of whatever form
by or on the part of any person AND I DECLARE THIS TO BE MY LAST WILL.
IN WITNESS WHEREOF I OKELLO MOSES have set my hands and signature hereon this ……………
day of …………………….. 2009.
--------------------------------------------------
OKELLO MOSES
SIGNED BY the said OKELLO MOSES as and for his last WILL in the presence of us both being
present at the same time who at his request in his presence and in the presence of each other
have hereunto subscribed our respective hands and names as witnesses on the date first above
written.
……………………… ……………………….
AB CD
WITNESS WITNESS
DRAWN BY
LAW DEVT CENTRE
P.O BOX 7117
KAMPALA
QUESTION 2
BRIEF FACTS
Musoke married Nakku in Church in 1990 and begot two children Namusoke born in 1992 and
Peace born in 1998. She committed adultery with a mandazi seller whereby the duo separated
since 2005. Musoke has now found a Sudanese Lady Javuru whom he first wants to marry under
custom and later in church. He wants to report to wort in Nairobi In December 2007 and take the
children along. He has come for advice
Issues
1. Whether musoke contracted a valid marriage with Nakku
57
2. Whether musoke can enter into a customary marriage with Javuru during his subsisting
marriage with Nakku
3. Whether musoke is entitled to the custody of the two children
4. Whether Musoke is entitled to divorce Nakku
5. Which court has jurisdiction over the divorce
6. What is the procedure and necessary documents for obtaining divorce
7. How can Musoke conclude the marriage with Javuru, if any, before December
Law Applicable.
 The constitution of the Republic of Uganda 1995
 Judicature Act cap 13
 The customary marriage (Registration) Act Cap 248.
 The marriage of Africans Act Cap 253
 The Divorce Act cap 249
 Children Act cap 59
 Civil Procedure Act cap 71
 Civil Procedure Rules S I 71-1
 Customary law
 Common Law
 Case Law
RESOLUTION
ISSUE 1 Validity of marriage with Nakku

To contract a valid church or civil marriage one must comply with the following as stipulated
under section 10 of the Marriage Act
The marriage should be celebrated in a gazette place of worship and by a recognized minister of
the church as provided under section 20 of the Marriage Act.
58
In the present case MUSOKE and NAKKU married in church in Lira. There is no evidence that the
foregoing requirements were not complied with. I therefore conclude that this marriage is valid.
Issue 2 Validity of intended customary marriage with JAVURU
Customary marriage is marriage according to the rites and custom of the community to which
one of the parties belongs as provided under section 1(b) of the customary marriage
(Registration) Act.
A valid customary marriage depends on the fulfillment of the requisite requirements under the
custom. Thus in Uganda V Peter Kato and 3 Ors 1976. HCB 2004, Ssekandi, Ag. J. held that in order
for a union to be regarded as a marriage under the law, the parties must have satisfied all the
formal and essential requirements prescribed for the validity of a marriage under the customary
law.
Consequently, section 11 of a marriage (Registration) Act, lays down the essential requirements
for the validity of customary marriage, including the fact that no monogamous marriage should
subsist between one of the parties and another person not being the intended spouse. This is pari
material with section 36 of the marriage Act which renders void any customary marriage
contracted after a valid monogamous marriage. This is further fortified by the authority of Kristina
d/o Hamisi V Omar Ntalala 1963 E A 463 in which it was held that a person who has contracted a
valid marriage under the Marriage Act is incapable during the subsisting marriage of contracting
another marriage.
Accordingly the intended customary marriage of Javuru during the subsisting marriage with
Nakku is invalid.
Issue 3 whether MUSOKE is entitled to the custody of the children

Article 34 of the constitution provides for children to be brought up by their parents. But where
separation or divorce occurs between the parents issues of custody of children become
paramount.
The general principle is that the welfare of the children is the paramount consideration as
provided under section 3 of the Children Act. According to Odoki J, as he the was, in
HABYARIMANA V HABYARIMANA 1980 HCB 139 the term welfare principle means all the
circumstances for the well being and upbringing of the child be taken into account and the
court should do what a wise parent acting in the best interest of the child ought to do.
But where the child is of tender years it is presumed that such child should stay with the mother
unless she is not fit and proper as was held by Odoki J in NAKAGGWA V KIGGUNDU 1978 HCB 310
The schedule to the children Act provides some guide lines to be taken account of in
determining welfare including but not limited to, the age and sex of the child; the ascertainable
wishes of the child; who of the two is able to provide a suitable home; moral, physical, emotional
and financial needs of the child. While it is imperative that the financial status of the parents may
be taken into account, it is no absolute test that custody be granted to the well off parent in as
much as the wealthy parent can be ordered to maintain the children while in the custody of the
financially weaker one as was the case in HOFFMAN V HOFFMAN 1970 EA 100
The two children have been staying with Nakku since separation in 2005. There is no evidence
that they have deteriorated psychologically, physically, emotionally or otherwise. I humbly submit
59
that I find no basis to disturb the status quo of the children. In the result they should remain with
NAKKU and MUSOKE be ordered to maintain them while in the custody of NAKKU.
ISSUE 4 Whether MUSOKE can divorce NAKKU

Under section 4 of the Divorce Act a husband may divorce his wife on the ground of her adultery.
Section 4 of the Divorce Act was declared unconstitutional in the FEDERATION OF WOMEN
LAWYERS & ORS V A.G Constitutional petition No. 2 of 2003 in which it was held that the grounds of
divorce under the section should be available to both spouse equally and one ground is enough
for that matter….restated in Kazibwe V Kazibwe Divorce cause no. 2003
In order to petition for divorce the petitioner must prove marriage, domicile, ground of divorce
and that there is no bar as per Droogembroech V Coolen & Gibbon (1992) 4 Karl 18.
In relation to marriage it is already resolved in issue one that MUSOKE and NAKKU had a valid
marriage.
In relation to domicile, under section 1 of the Divorce Act courts in Uganda can not decree
divorce unless the petitioner is domiciled in Uganda at the time of the petition. Domicile is the
intention to stay permanently at a particular place which can be acquired by choice, marriage
and origin. Thus in HENDERSON V HENDERSON lord Simmons defined domicile by origin to be
dependant on birth and domicile by choice to be dependant on intention to stay permanently in
a new place of choice without the intention of returning to the place of origin. On the facts
MUSOKE and NAKKU are all UGANDANS and it follows that they all have domicile.
In relation to adultery, HABYARIMANA‟s Case supra defined it as the consensual sexual

intercourse during the subsisting marriage between one spouse and the person of the opposite
sex not being the other spouse. The facts clearly indicate that NAKKU committed adultery with a
chapati seller in 2005 hence ground proved.
Under section 7 of the Divorce Act court shall not decree divorce if the petitioner is guilty of
connivance, condonation and or collusion. There is no evidence of any of these bars to divorce
in the present case. Further more court is not bound to decree divorce if the petitioner is guilty of
adultery, unreasonable delay in presenting the petition and willful desertion or neglect of the
respondent as to conduce the adultery in question under section 8 of the Divorce Act. 2005 to
August 2007 may be unreasonable delay but this is just a discretionary bar and court may grant
divorce such delay notwithstanding.
I find that all the pre-conditions for divorce have been fulfilled and thus Musoke is entitled to
petition for divorce against NAKKU.
ISSUE 5 which court has jurisdiction

Where all parties to the petition are Africans jurisdiction can be exercised by a chief magistrate or
magistrate Grade one but where one of the parties is not an African the jurisdiction is exercised
by the High Court under section 3 of the Divorce Act. This is not to say that High Court has no
jurisdiction where both parties are Africans because High Court is a court of unlimited original
jurisdiction over all persons and matters in Uganda under article 139 of the constitution and
section 14 of the Judicature Act.
In the instant case however the petition may be filed in Grade one Magistrates‘ court or Chief
Magistrates court.
60
Issue 6 Procedure for divorce
 Present a petition to the chief magistrates‘ court as required by section 4 of the Divorce
Act. The petition must state the facts on which the claim is based and must be verified
and further state that there is no condonation and collusion between the petitioner and
the respondent in presenting the petition under s.31 of the divorce act.
 The petition must be accompanied by a brief summary of evidence, list of witnesses,

authorities and documents to be relied upon under order 6 r. 2 of the CPR. This is because
order 6 rule 2 CPR is mandatory and all pleadings (petition inclusive) must strictly adhere
to it----per AKIIKI KIIZA J in HON. MR. JUSTICE REMMY KASULE V HON. JACK SABIITI & 2 ORS
HCCS NO.230 of 2006.
 The petition must be served on the respondent as required by section 32 of the divorce
act and, under rules 2 and 3 of the divorce rules, the respondent must be summoned to
answer the petition.
 There must be affidavit of service of petition on the respondent as required by O.5r.16

CPR.
 If court is satisfied that the petitioner has proved his case and that adultery has been
committed and there is not any hindrance to the petition, it shall pronounce a decree nisi
s.8 of the Divorce Act.
 A decree absolute shall be pronounced after the expiration of 6 months following the
decree nisi as required by s.37 of the divorce act. It was thus held by Sheridan j in Noegy V
Noegy 1967 E.A 664 that courts do not have the power to abridge the period of 6 months
provided by the Divorce Act between decree nisi and decree absolute.
After the decree absolute, the parties are free to remarry and start a new life provided the time
for appealing has expired. After going through the above procedure MUSOKE shall be free to
marry his new sweet heart JAVURU.
ISSUE 7 How Musoke can conclude the marriage with JAVURU

There is no formality required to celebrate customary marriage since it depends on how each
community celebrates its customary marriages. However as it was held in NASSANGA V
NANYONGA customary marriage is celebrated in accordance with the custom of the girl/
woman. Accordingly this marriage will be conducted according to the customs of JAVURU in
SUDAN.
In order to solemnize it in church the parties need to follow the church norms which include giving
notice of the intended marriage to the church minister. This is followed by publication of the bans
in the church three times at least once every month taking approximately more than three
months to conduct the marriage ceremony.
Since Musoke wants to go back to NAIROBI soon he is advised to apply to the minister for a
SPECIAL LICENCE in order to dispense with the requirement of notice and publication of bans in
the church under section 12 of the Marriage Act by giving evidence by affidavit that all essential
requirements have been complied with.
DOCUMENTS
For divorcing NAKKU
 Petition for divorce
61
 Affidavit in support of the petition
 Summons to answer the petition
 Affidavit of service of summons
 Decree nisi
 Decree absolute
 Marriage certificate
NB decree nisi, decree absolute, petition, and summons to answer petition are found in the
DIVORCE RULES and use the precedents therein with the necessary modifications. MEANWHILE
marriage certificate is found in the schedule to the marriage Act.
For contracting marriage with JAVURU

 Letter to MINISTER for special License
 Affidavit in support of the letter showing you have complied with all the essential
requirements
 Minister‘s special license authorizing marriage---found in the schedule to marriage Act
NB special license of the minister is in the schedule to the marriage Act.

For the letter it is just any simple letter addressed to the minister of justice and constitutional affairs
and the grounds of the letter are contained in the affidavit that you have to draft as well
62
IN THE CHIEF MAGISTRATES COURT OF MENGO AT MENGO
MATRIMONIAL CAUSE NO. 10 OF 2009
MUSOKE JOHNSON ………………………………….. PETITIONER
VERSUS
NAKKU JOHNSON…………………………………RESPONDENT
PETITION FOR DIVORCE

The humble petition of MUSOKE JOHNSON of c/o Firm E and Co. Advocates P.O Box 7117
Kampala do showeth
1. That your petitioner currently resides at old Kampala, Mengo in Kampala district.
2. That your petitioner professes the Christian faith.
3. That your petitioner was lawfully married to the respondent at Rubaga Cathedral on the
20th day of December, 1990, and the said marriage was conducted under the marriage
Act, Laws of Uganda (copy of marriage certificate is attached hereto as Annexture A).
4. That following the said marriage your petitioner lived and cohabited with the respondent
and begot two issues namely ROSE NAMUSOKE born in 1992 and PEACE MUSOKE Born in
1988. Copies of birth certificates are attached hereto and collectively marked as
Annexture B.
5. That on or about the 21st day of NOVEMBER, 2005, the respondent committed adultery
with KAWEESA, a mandazi seller after which the said respondent left the matrimonial
home and is now a destitute without any fixed place of abode.
6. That the said respondent left the matrimonial home with the said two issues who have
been subjected to physical, psychological and emotional trauma in as much as the
respondent does not have a fixed abode and is without capacity to provide for their
needs.
7. The said issues have already expressed desire to return to and stay with me but the
respondent has obstinately and wrongfully denied them access to me.
8. That your petitioner is not guilty of condonation, connivance and collusion in presenting
this petition.
WHEREFORE your petitioner humbly prays

 That the said marriage with the respondent be dissolved;
 That custody of the two issues of the marriage be granted to the petitioner;
 That the respondent pays costs of the petition;
 Any other or further relief this court deems fit.
DATED at Kampala this ………… day of ………………………… 2009

-----------------------------------------
PETITIONER‟S COUNSEL
VERIFICATION
I certify that the statements made in the petition are true to the best of my knowledge and belief.
63
-----------------------------------------
PETITIONER
BEFORE ME
----------------------------------------------
DRAWN & FILED BY
LAW DEVT CENTRE
P.O BOX 7117
KAMPALA
DOMESTIC RELATIONS PAST PAPERS
Qn. 1 2004/2005
Brief facts
Emiru and Anna married at St. Peters Cathedral in Tororo in 1995 and begot a girl. Emiru became
impotent and remained so for 5 years. As a result, he pressurized Anna to get a new child with a
new man. When Anna refused, he beat her badly for about 3 years, during one such time she
was admitted to Mulago for two months. He continued beating her until she did what Emiru
wanted i.e. running ‗extra marital affair‘ with Opolot which led to one birth of Olum in 1999. She
then got sick and left Opolot as well as Emiru since the beating continued. Emiru was treated for
impotence and got cured in 2004. When she asked Anna to return, she refused saying she wants
a new life with a saved man. He is accusing Anna of deserting him. They need legal advise
Issues
1. Whether Emiru AND Anna were validly married
2. Whether Anna is guilty of desertion
3. Whether Emiru is entitled to any remedies against ANNA
4. Whether ANNA is entitled to dissolve her marriage with EMIRU
5. Which court has jurisdiction to entertain the above matter.
6. What is the procedure and documents necessary for effecting the above advise
Law applicable
- The constitution of the Republic of Uganda
- The divorce Act cap 249
- The Civil procedure Act cap 71
- The Magistrates court Act cap 16 as amended
- The divorce rules S.1 249-1
- The civil procedure rules S.1 71-1
- The magistrates court (magisterial areas) instruments S.1 No. 45 of 2007
- The common law and doctrines of equity
- The evidence Act cap 6
- Case law
ISSUE 1 VALIDITY OF MARRIAGE

64
To contract a valid church or civil marriage one must comply with the following as stipulated
under section 10 of the Marriage Act
The marriage should be celebrated in a gazetted place of worship and by a recognized minister
of the church as provided under section 20 of the Marriage Act.
In the present case EMIRU and ANNA married in church in TORORO. There is no evidence that the
foregoing requirements were not complied with. I therefore conclude that this marriage is valid.
Issue 2 Whether Anna deserted Emiru

A married couple has a right to companion. As a result they should stay together save where
exceptional circumstances subsist to keep them apart. A party to a marriage who leaves the
matrimonial home without a reasonable excuse is guilty of desertion. Thus in Patel V Patel 1965 EA
560, it was held that to prove desertion the following should be established;
 That the spouse has left the matrimonial home for at least 2 years or more;
 That it was without reasonable excuse; and
 That such spouse doesn‘t intend to return to the matrimonial home.
In the instant case, Anna has left the matrimonial home since 2004, without the intention of
returning thus establishing the animus descerendi: however, she has a reasonable excuse in the
cruelty of Emiru. Accordingly no desertion is proved.
Issue 3 whether Emiru is entitled to an order for Anna to return
RESTITUTION OF CONJUGAL RIGHTS

Consequently where a wife has without reasonable excuse withdrawn from the society of the
husband, the latter is entitled to an order for restitution of conjugal rights under s.20(1) of the
divorce Act. In Peace V Searle (1932) 2 LB 497 held that both the husband and wife have the
right to consortium and the services of each other that each one of them has a cause of action
against a third party who without justification infringes on the consortium.
However, since Anna‘s withdrawal from Emiru‘s society is reasonable court may not order her to
return to him in the circumstances aforesaid.
ISSUE 4 WHETHER ANNA CAN DISSOLVE THE MARRIAGE

Under section 4 of the Divorce Act a husband may divorce his wife on the ground of her adultery.
Section 4 of the Divorce Act was declared unconstitutional in the FEDERATION OF WOMEN
LAWYERS & ORS V A.G Constitutional petition No. 2 of 2003 in which it was held that the grounds of
divorce under the section should be available to both spouse equally and one ground is enough
for that matter.
65
In order to petition for divorce the petitioner must prove marriage, domicile, ground of divorce
and that there is no bar as per Droogembroech V Coolen & Gibbon (1992) 4 Karl 18.
In relation to marriage it is already resolved in issue one that MUSOKE and NAKKU had a valid
marriage.
In relation to domicile, under section 1 of the Divorce Act courts in Uganda cannot decree
divorce unless the petitioner is domiciled in Uganda at the time of the petition. Domicile is the
intention to stay permanently at a particular place which can be acquired by choice, marriage
and origin. Thus in HENDERSON V HENDERSON lord Simmons defined domicile by origin to be
dependant on birth and domicile by choice to be dependant on intention to stay permanently in
a new place of choice without the intention of returning to the place of origin. On the facts
EMIRU and ANNA are all UGANDANS and it follows that they all have domicile.
In relation to cruelty, In Habyarimana V Habyarimana 1980 HCB 139, Odoki J. (as he then was)
held that in order to constitute cruelty in law, the conduct must produce actual or apprehended
injury to the petitioners physical or mental health. He quoted Kasasa V Kasasa 1976 HCB 348
wherein it was held that to constitute legal cruelty, there must be danger to life, limbs or health,
bodily or mental or a reasonable apprehension of it.
According to Halsbury‘s laws of England vol. 3 pp. 270-271 it is stated as follows: ―…The general
rule in all questions of cruelty is that the whole matrimonial relationship must be considered. In
determining what constitutes cruelty regard must be had to the circumstances of each case,
keeping always in view the physical and mental condition of the parties and their character and
social status…‖
In the instant case, Emiru between 1995 to 2004 when Anna left used to subject her to abuse and
assault. As a result, Anna was on one such occasion admitted to Mulago Hospital for two months.
Such conduct without more constitutes cruelty for it has not only impacted on Anna‘s health but
also her mental condition too.
Under section 7 of the Divorce Act court shall not decree divorce if the petitioner is guilty of
connivance, condonation and or collusion. There is no evidence of any of these bars to divorce
in the present case. Further more court is not bound to decree divorce if the petitioner is guilty of
adultery unreasonable delay in presenting the petition and willful desertion or neglect of the
respondent as to conduce the adultery in question under section 8 of the Divorce Act..
I find that all the pre-conditions for divorce have been fulfilled and thus ANNA is entitled to
petition for divorce against EMIRU. She can petition for divorce on the ground of Emiru‘s cruelty
Issue 5 FORUM
Under s.3(1) of the Div. Act, where all parties are Africans, jurisdiction may be exercised by the
cm‘s court or Grade I. However this doesn‘t mean the High Court as a court of unlimited
jurisdiction under article 139(1) of the constitution is divested of such jurisdiction to entertain the
petition
Jurisdiction may be exercised by chief or Grade 1 Magistrates‘ Court.
ISSUE 6 PROCEDURE FOR ENFORCING THE REMEDIES ABOVE
66
 ANNA should present a petition for divorce to the chief magistrates‘ court as required by
section 4 of the Divorce Act. The petition must state the facts on which the claim is based
and must be verified and further state that there is no condonation and collusion
between the petitioner and the respondent in presenting the petition under s.31 of the
divorce act.

authorities and documents to be relied upon under order 6 rule 2 of the CPR. This is
because order 6 rule 2 CPR is mandatory and all pleadings (petition inclusive) must strictly
adhere to it----per AKIIKI KIIZA J in HON. MR. JUSTICE REMMY KASULE V HON. JACK SABIITI
& 2 ORS HCCS NO.230 of 2006.

CPR.
On receipt of the petition EMIRU will be required to answer it within 15 days from the date of
service.
Documents for ANNA

 Petition for Divorce
 Affidavit in support of the petition
 List of witnesses, authorities, docs and summary of evidence
 Summons to answer petition
 Affidavit of service of the petition
 Marriage certificate
 Decree nisi
 Decree absolute
DOCUMENTS FOR ANNA

Petition for Divorce
67
IN THE CHIEF MAGISTRATES COURT OF TORORO
AT TORORO
Matrimonial cause No………. of…………
ANNA ARACH …………………….. PETITIONER
V
RICHARD EMIRU………………………... RESPONDENT
PETITION
The humble petition of ANNA ARACH of C/o P.O. Box 7117, Kampala showeth
1. That your petitioner at present regards at…………………….. in Tororo District
3. That your petitioner was lawfully married to the respondent on the…….. day
of………….. 1995 of St. Peters Cathedral in Tororo (copy of marriage certificate is
attached and marked ‗A‘) and
a) the said marriage was solemnized under the marriage Act cap 251
b) after the said marriage your petitioner lived and cohabited with the
respondent which led to the birth of……..
4. That relations between the petitioner and the respondent started souring when the
latter became impotent.
5. That the petitioner started pressuring the respondent/cross petitioner to engage in

extra-marital affair in a bid to conceal the said impotence.
6. That when the petitioner refused to comply, the respondent subjected her to regular
physical and verbal abuse as a result of which the petitioner was hospitalized at
Mulago for 2 months (copy of medical form attached and marked „B‟)
7. That for fear of her life, the petitioner complied and had an extra- marital affair with
Opolot which led to the birth of Olum in 1999.
8. That the birth of the said Olum prompted the respondent to intensify the beating and
insulting of the petitioner.
9. That the petitioner was left with no option but to flee from such extreme violence.
10. That the petitioner contends that such conduct is ―very cruel‖ towards her.
11. That the petition is not a result of any collusion or connivance between petitioner and
the respondent.
WHEREFORE the respondent/cross-petitioner prays for a decree

a) that the said marriage between your petitioner and respondent be dissolved
b) that the respondent pays the costs of the petition
DATED at TORORO this ………. day of ……………………….. 2009

…………….…………………
Counsel for the petitioner
Verification
I certify that the statements in the petition are true to the best of my knowledge
68
………………………
petitioner
Before me: …………………………..

Commissioner for oaths
NB DRAFT THE REST FOR ANNA AS LISTED ABOVE
Documents for EMIRU

 Answer to petition and cross petition for restitution of conjugal rights
 Affidavit in support of answer to the petition
 Affidavit in support of cross petition
 Summary of evidence list of witnesses, list of docs list of authorities
Documents for Emiru

Answer to the Petition

IN CHIEF MAGISTRATES COURT OF TORORO AT TORORO
Matrimonial cause No…………. of ……………
ANNA ARACH ……………………………..PETITIONER

V
RICHARD EMIRU………………………. RESPONDENT
ANSWER TO THE PETITION

1. Save as herein expressly admitted, the respondent denies each and every statement
of fact contained in the petition as if the same were set forth and traversed seriatim.
2. The contents of paragraphs 1, 2, and 3 of the petition are admitted.
3. The respondent denies having committed any acts of cruelty against the petitioner as
alleged in the petition and shall put the petitioner to strict proof.
4. IN THE ALTERNATIVE BUT WITHOUT PREJUDICE TO THE FOREGOING the respondent shall
aver that any or all of the acts complained of in the petition constitute ordinary wear
or tears in marriage not amounting to cruelty.
5. IN FURTHER REPLY TO CRUELTY the respondent avers that he did not and has never
subjected the petitioner to any form of harassment whether directly or indirectly as
alleged in the petition whereupon the petitioner shall be put to strict proof.
6. The respondent shall further aver that the petitioner has been having a secret affair
with OPOLOT and left the matrimonial home as a result; and that without any lawful
excuse refused to return and is now searching for any ground to dissolve our marriage
and marry the said OPOLOT
69
Wherefore the respondent therefore humbly prays that the petition be dismissed with costs to
the respondent.
CROSS PETITION
1. The respondent/ cross petitioner repeats the contents of paragraphs 1 to 6 of the
petition.
2. That some time in or around 1996, the cross petitioner developed some medical
complication and became temporarily impotent.
3. That as your cross petitioner was fighting hard to cure the said impotence, the cross
respondent became impatient and without reasonable excuse left the matrimonial
home in or around 2004.
4. That in June 2004, the cross petitioner having cured from the said impotence,
requested the cross respondent to return to him but to no avail.
5. That the cross petitioner contends that the respondent has withdrawn from his society
without any reasonable ground thus constituting desertion.
6. The respondent/cross petitioner and the petitioner/cross respondent have not

colluded or connived in presenting this cross petition.
Your cross petitioner therefore humbly prays for a decree.

c) that the petitioner/ cross respondent be found guilty of deserting your cross-
petitioner/ respondent
d) that restitution of conjugal rights be ordered against the cross respondent/
petitioner
e) That the cross respondent/ petitioner pays the costs of the cross petition.
DATED at TORORO THIS ……………. Day of ……………… 2009.
…………………………..
Cross Petitioner‘s counsel
Verification
I certify that the statements in the petition are true to the best of my knowledge.
Dated at Kampala this……….. day of………….. 20…….
………………………….
Petitioner
Before me:
……………………………………
NB DRAW THE REST OF THE DOCUMENTS FOR EMIRU AS ABOVE LISTED
70
Qn. 2 2004/2005
Brief facts
Moses Mukasa, a 72 year old blind man made a will on 20/8/2000 in which he appointed his wife,
who died in February 2005 as sole executrix. He also bequeathed plot 237, Block 57 Kyadondo to
her. He has also acquired the following property which he wants to bequeath to his Chris, Ellen,
John and Rose: 50 shares in DFCU Bank, 45 shares in Tukolerewamu Co. Ltd, residential house in
Naalya Housing Estate and its mortgage with Housing Finance Co. Bank in Uganda and a plot of
land in Kiira Town Council. He also wishes to marry Getu.
Issues
1. Whether the will made by Mukasa, a blind man, is valid.
2. Whether the death of Mukasa‘s wife, the sole executrix of his will has any effect on the
will.
3. What is the effect of Mukasa‘s intended marriage on the will.
4. Whether the properties in question form part of his estate.
5. How can Mukasa take care of the new changes in his estate (Documents inclusive).
Law applicable
- The constitution of the Republic of Uganda 1995
- The Judicature Act cap 13
- The succession Act cap 162
- The Administrator Generals Act cap 157
- The Registration of Titles Act cap 230
- The mortgage Act cap 229
- The children Act cap 59
- The Companies Act cap 110
- The common law and doctrines of equity
- Case law
Issue 1 whether Mukasa made a valid will

Any person of majority age who is of sound mind may dispose of property by will under s.36(1) of
the succession Act. A deaf person has capacity to make a will provided he or she knows property
is disposed thereby under s. 36(3) succession Act. The present facts do not show Mukasa did not
know what he was doing by the will. Accordingly the will is valid.
Issue 2 .effect of the death of Mukasa‟s wife, the sole executrix, on the will
 An executor is the person appointed in the will of a deceased person to execute the
terms of the will under S. 2(l) of the succession Act. Therefore for a will to be carried out,
the executor must survive the successor. This is because probate is only granted to the
person named in the will as executor under s.182 of the succession Act. If the executor
dies before the testator, the testator shall be deemed to have died almost intestate and
letters of administration shall be granted under s.197 of the succession Act.
 Mukasa is therefore advised to appoint an executor(s) during his life time lest he shall be
deemed to have died intestate.
 In relation to plot 237, Block 57 Kyadondo bequeathed to his wife (now deceased), the
bequest lapses. Under s.92 (1) of the succession Act, if the legatee doesn‘t survive the
testator, the legacy doesn‘t take effect but shall lapse and form part of the residue of the
testator‘s property.
71
Issue 3 .effect of Mukasa‟s intended marriage on the will
Every will is revoked by the marriage of the testator under S.56 (1) of the succession Act. In Farasio
Rwabaganda V Donato Bahemurwabusha 1978 HCB 244, Butagira J held that interms of S.56 (1) of
the succession Act every will is revoked by the marriage of the maker.
Mukasa is advised that if he marries Getu, the will made in 2000 shall be revoked. This means
unless a new will shall be made, Mukasa shall be deemed to have died intestate.
Issue 4: whether properties in question form part of Mukasa‟s estate

Under s.36 (1) of the succession Act, a person may dispose of ―His property‖ by will. Therefore the
property to be bequeathed must belong to the testator lest no bequest passes to the legatee per
Kirefu, J. in Katende and ors V Dan Byamukama Admin. Cause No. 201/92.
a) Shares in DFCU bank & Tukolerewamu Co. Ltd. A share under the companies Act is a
movable property transferable by the holder thereof under s.75 of the cos Act. Since the
shares in question belong to him, they form part of his estate.
b) The mortgaged residential house in Naalya. A mortgage is a charge on property which

creates security thereon for repayment of money/loan under s.1 (b) mortgage Act. If default
is made on a mortgage the mortgagee is permitted by the mortgage Act to realize the loan
by the security including selling such property.
Mukasa should be advised that much as the mortgaged property is part of his estate, he‘d
pay off the loan and redeem the house, lest he suffers a risk of losing the property to the
mortgage.
c) Plot of land in Kira Town Council. Section 59 of the RTA provides that certificate of title is a
conclusive evidence of proprietorship of the person named therein. The facts show that the
plot in qn. is acquired by Mukasa, whether or not he has the certificate of title, he has interest
therein in equity which passes to his estate.
Issue 5: How to incorporate the new changes

He can do this in 2 ways namely:
a) By making a new will which should revoke or modify the will of 2000 as provided by S.57 of
the succession Act. Thus in Re Bryan 1907 PD 125 it was held that a latter will may revoke
earlier testamentary docs.
b) By codicil which is a document supplementary to the will in so far as it either modifies,

varies or revokes the will.
Whether it is a will or codicil doesn‘t matter as any doc is admissible to probate provided it
was duly executed and the maker whereof had the animus testandi. Thus in Cock V
Cooke 1866 LR 1 P&D 241 at 243 wherein had penzance stated:
―…Its undoubted law that whatever may be the form of a duly executed
instrument, if the person executing it intends that it shall not take effect until after
his death and its dependent upon his death for its vigor and effect, its
testamentary.‖
- The maker must be of sound mind and above 21 years of age under s.36 (1) of the
succession. Act. The fact that Mukasa is blind is immaterial provided he understands
what the will does under s.36 (3).
72
- It must be signed by Mukasa in the presence of at least 2 witnesses, since unattested
will is invalid in light of s.50 of the succession Act. In Administrator General V Nakiyaga
[1993] 3 Kalr 1 Ongom, J. held that a will which is unattested is invalid.
B. Draft a codicil to modify the will and incorporate the new changes but also owing to the
fact that you may not know what the previous will contained
Conditions of an effectual gift by will

The following are necessary conditions which a gift by will must satisfy in order to be effectual 2
confer a title to the property on the donee:
1. The testator must be dead
2. The testator must have been a person who at the date of the will had the legal
capacity to make the will.
3. At the time of making the will, the testator must have had the intention to make it so
as to take effect upon his death. The gift will be defeated if the testator‘s mind wasn‘t
free and was affected by fear, duress or undue influence or by any other matter
which by law may vitiate his intention.
4. The will must be made in the form and manner required by law.
5. The gift mustn‘t have been revoked or altered or if revoked must have been revived
before the testator‘s death.
6. Probate of the will or letters of administration with the will annexed must be obtained.
7. The words used by the ‗T‘ in making the gift must be sufficient to make his intention
capable of being ascertained.
8. The subject matter of the gift described by the ‗T‘ must be ascertainable and capable
of being disposed of by the will of the ‗T‘ or if not the gift must be validated through
the equitable doctrine of election or otherwise.
9. The donee described by the ‗T‘ must be ascertainable and capable by law of taking
benefits of the gift.
10. The gift so intended must be consistent with law or must be capable of being
effectuated in a manner consistent with law.
11. The gift must be assented or given effect to by the personal rep of the ‗T‘.
12. All the conditions precedent imposed on the ‗T‘ by law must be performed.
Conditional bequests
A person cannot make a valid disposition of property by will to any person for purpose forbidden
by statute or contrary to public policy. Thus in Re Wallace 1920 2 Ch. 274. The ‗T‘ by will directed
if certain events happened then the capital of his residuary estate should be given to and vest in
the T‘s sole surviving son if he would have acquired the title of barometer title superior thereto. Be
if he wouldn‘t have acquired the title of baronet or one title superior thereto then residue was to
be divided in equal share between the british treasury and the treasury of british industry. It was
held that a conditional gift to wasn‘t void as being contrary to public policy because it was
capable of taking effect on the fulfillment of the condition.
Qn. 3. 1 How and when does an executor complete his duties

Rashada Bajurn V Adm. General and ors civil appeal no.11 of 1951, clerk in 1951 EACA 102 (wr.
An adopted (daughter) is a child of the ‗T‘)
WRITTEN PRACTICAL EXAMS
DOMESTIC RELATIONS 2004/2006
QN.1 Brief facts
73
Kelele obtained an order for judicial separation against Tabusana granting custody of
their children to Kelele; Shs 100,000/= and 200,000/= for the maintenance of Kelele and
the children respectively. The orders were made when Tabusana was a high executive in
UCB, main Branch, Kampala. On 5th September, 2004, Tabusana lost the job and is unable
to comply with the order. Kelele meanwhile has now gotten a job earning her shs 280,000
per month. Kelele is also having an affair with corporal Bifurukwa whom she wants to
marry customarily in three weeks time since she is 3 months Pregnant. Tabusana on the
other hand has been cohabiting with Fiona whom he wants to marry. Tabusana wants
advice on whether the maintenance order can be discharged and how he can start a
new life with Fiona.
Issues;
1. Whether the maintenance order can be discharged, and if so;
2. What is the necessary procedure and documents
3. What is the implication of the parties conduct following the judicial separation?
4. whether Tabusana can divorce kelele
5. What procedure should Tabusana follow in order to marry Fiona legally?
6. What are the necessary fees payable?
Law Applicable.
 The constitution of the Republic of Uganda
 The Divorce Act Cap 249.
 The customary marriage (Registration) Act Cap 248
 The Marriage of Africans Act Cap 253
 The Divorce Rules SI 249-1
 The CPA Cap 71
 The CPR SI 71-1
 Common Law
 Case law.
RESOLUTION
Issue 1.
Can maintenance order be discharged
Under section 24(1) of the Divorce Act, Court may order the husbands to pay permanent alimony
to his wife, on a decree for judicial separation, having regard to her fortune, the ability of the
husband and the parties conduct. In Angelina Reverian Mutalemwa V Benedict Felix Mutalemwa
(1978) LRT 44 Mwesiumo J held that an order for maintenance is based on a valid marriage i.e.
one that has taken place.
Under section 25 of the Divorce Act, a maintenance order can be discharged if the husband
from any cause subsequent becomes unable to make the payments wholly or in part.
In the instant case, Tabusana lost his job from which he used to earn shs 2m tax free. He is
unemployed at the moment. Kelele on the other hand is now working earning shs.280,000/= per
month. Therefore, this is a proper case in which the court can exercise its powers to discharge
Tabusana from the obligations imposed by the order.
Issue 2.
74
Procedure for obtaining a discharge
 Under section 30 of the Divorce Act, all proceedings under the Act are regulated by the
civil procedure Act. Under section 19 of the CPA, every suit shall be instituted in the
manner provided by the Rules.
 Under O.52 r.1 CPR, all applications to court must be made by Notice of motion unless
there is a special procedure.
 The Notice must state generally the grounds of the application supported by an affidavit
under 0.52 r.3 CPR.
 There must be summary of evidence, list of witnesses, authorities and documents which is
mandatory…..see O.6 r.2 CPR and Hon. Remmy Kasule‟s case
 The other party must be given notice of the motion unless court considers it reasonable to
proceed exparte under 0.52 r .2 CPR.
The relevant documents are Notice of motion supported by an affidavit.
Documents
 Notice of motion
 Summary of evidence, list of witnesses, documents and authorities
 Affidavit of service of motion
75
IN THE CHIEF MAGISTRATES COURT AT NAKAWA
Miscellaneous application no.10 OF 2007
(Arising from matrimonial cause No. 8 of 2003)
TABUSANA …………………………… APPLICANT

V
KELELE ………………………….. RESPONDENT
NOTICE OF MOTION
TAKE NOTICE that this Honorable Court shall be moved on the 30 th day of November, 2007 at 9
O‘clock in the forenoon or soon thereafter as counsel for the applicant shall be heard on an
application for orders:
1. That the maintenance order made against the applicant in matrimonial cause No. 8
of 2003 be discharged
2. That the respondent be ordered to provide for the maintenance of herself and the
children.
TAKE FURTHER NOTICE that this application is based on the affidavit of the applicant which shall
be read and relied on at the hearing.
Dated at Kampala this ….day of …..2007
……………………
Counsel for the applicant
Given under my hand and seal of this court this …..Day of…., 2007
…………………
Chief Magistrate
76
IN THE CHIEF MAGISTRATES COURT AT NAKAWA
Miscellaneous Application NO.10 OF 2007
(Arising from matrimonial cause No. 8 of 2003)
TABUSANA……………………………….. APPLICANT
V
KELELE……….…………………………………RESPONDENT

I, Tabusana C/o xyz & CO Advocates P.O.BOX 7117 Kampala, do hereby swear and state as
follows:-
1. That I am an adult male of sound mind and husband to the Respondent (see Copy of
marriage certificate and marked Annexture ‗A‘).
2. That in November 2003, the Respondent obtained a maintenance order against me in the
sum of shs 100,000/= for herself and shs 200,000 for our children arising from matrimonial
cause No. 8 of 2003 (see a Copy of Judgment and marked Annexture ‗B‘)
3. That at the time of making the order, the applicant was working as a high executive in
UCB, main Branch, Kampala earning a monthly salary of Ug Shs 2 million after taxes.
4. That on 5th September, 2004, the applicant‘s said employment was terminated by his
employer, Stanbic Bank.
5. That at the moment, the applicant has been deprived of any source of income and is
thus unable to comply with the said order
6. That the Respondent, on the other hand, is currently working as an office attendant with
an NGO on Makerere Hill Road earning shs 280,00 per month and thus can cater for the
needs of herself and the children.
7. That I swear this affidavit in support of my application to be discharged from the said
maintenance order.
8. That whatever is stated hereinabove is true to the best of my knowledge except

paragraph 6 which is based on my belief and information.
Sworn at Kampala by the said Tabusana this ….day of……………., 2010
………………….
Deponent
Before me: …………………………….

Issue 3
Implication of parties conduct following judicial separation
Judicial separation doesn‘t constitute dissolution of marriage. The parties are still legally married
save that they prefer to stay apart for a period to be specified by court in the order for judicial
separation. Thus in Gakwawu V Gasengayire 1977 HCB 322 Ssekandi .J. held that section 17 of the
77
Divorce Act, it is provided that upon a decree of judicial separation being made the wife shall be
considered as an unmarried woman for purposes of contracts, wrongs and injuries. It must be
noted that the contract Lordship referred to is not a contract to enter into a valid marriage.
Accordingly, Parties to a marriage remain validly married during a judicial separation.
Consequently, the implications of the parties‘ post-separation conduct are.

 It amounts to adultery. In Habyarimana V Habyarimana 1980 HCB 139, Odoki .J (as the
then was) defined adultery as consensual sexual intercourse during a subsistence of the
marriage between one spouse and a person of the opposite sex not the other spouse. This
can be the basis of a divorce petition to an innocent party.
 Bigamy. It is committed when a married person goes through a ceremony of marriage

with another person when his or her spouse is still living. Under section 41 of the marriage
Act, bigamy is an offence punishable by imprisonment for a period not exceeding 5
years. In R v Robinson (1938)4 ER 301, where the accused went through a marriage
ceremony during the life of his wife. Though the second marriage was valid, the court of
criminal appeal held that the validity of the second marriage was immaterial, and the
accused was rightly convicted. The parties are therefore advised that if they go through
their proposed marriages, they will be committing bigamy and if convicted, be liable to
imprisonment for a period not exceeding 5 years. Further under section 4 (2) of the
Divorce Act, it is a ground for divorce.
 The wife‘s right to maintenance may be vacated. In Naylor V Naylor (1962) PD. 253,
where the wife was guilty of desertion, it was held that it had clearly been established by
decided cases that desertion by a wife was a complete bar to the recovery of
maintenance as adultery. Since Kelele has committed Adultery (Pregnancy as evidence
therefore),as was held by Ntabgoba P.J In Musinga V Musinga (1993) 3 KALR 60, her right
to be maintained by Tabusana may be lost on application to court by Tabusana.
 Where custody of children was awarded to Kelele, court could reverse the order and give
custody to Tabusana. However, even Tabusana is guilty of the same immoral conduct.
The essence here is that where one party is morally improper, custody of the children is
granted to the innocent party. In Nyakairu V Nyakairu 1979 HCB 261 Ntabgoba Ag. J.
held that in deciding whether custody of the children should be granted to the mother,
the court should not shut its eyes to the natural desire of a young woman to remarry offer
divorce. In the instant case, even during the existing marriage, Kelele has introduced
Bijurukwa as her new husband thus she could lose custody of the 2 children (assuming it
was granted
In summary, and for exam purposes, the implications of the parties‘ post separation conduct
are;
 It constitutes adultery which is a ground for divorce

 It is bigamy which is an offence as well as a ground of divorce
 Right to maintenance may be lost
 Right to custody may also be lost
ISSUE 4
Whether Tabusana can divorce Kelele
78
 Under section 4 of the Divorce Act a husband may divorce his wife on the ground of her
adultery. Section 4 of the Divorce Act was declared unconstitutional in the FEDERATION OF
UGANDA WOMEN LAWYERS & ORS V A.G Constitutional petition No. 2 of 2003 in which it
was held that the grounds of divorce under the section should be available to both
spouse equally and one ground is enough for that matter.
 In order to petition for divorce the petitioner must prove marriage, domicile, ground of
divorce and that there is no bar as per Droogembroech V Coolen & Gibbon (1992) 4 Karl
18.
 In relation to marriage it is already resolved in issue one that MUSOKE and NAKKU had a
valid marriage.
 In relation to domicile, under section 1 of the Divorce Act courts in Uganda can not
decree divorce unless the petitioner is domiciled in Uganda at the time of the petition.
Domicile is the intention to stay permanently at a particular place which can be acquired
by choice, marriage and origin. Thus in HENDERSON V HENDERSON lord Simmons defined
domicile by origin to be dependant on birth and domicile by choice to be dependant on
intention to stay permanently in a new place of choice without the intention of returning
to the place of origin. On the facts TABUSANA and KELELE are all UGANDANS and it follows
that they all have domicile.
 In relation to adultery, HABYARIMANA‟s Case supra defined it as the consensual sexual

intercourse during the subsisting marriage between one spouse and the person of the
opposite sex not being the other spouse. The facts clearly indicate that Birikwa committed
adultery with a chapati seller in 2005 hence ground proved.
 Under section 7 of the Divorce Act court shall not decree divorce if the petitioner is guilty
of connivance, condonation and or collusion. There is no evidence of any of these bars to
divorce in the present case. Further more court is not bound to decree divorce if the
petitioner is guilty of adultery, unreasonable delay in presenting the petition and willful
desertion or neglect of the respondent as to conduce the adultery in question under
section 8 of the Divorce Act. I find that all the pre-conditions for divorce have been
fulfilled and thus TABUSANA is entitled to petition for divorce against KELELE.
ISSUE 5 which court has jurisdiction
Where all parties to the petition are Africans jurisdiction can be exercised by a chief magistrate or
magistrate Grade one but where one of the parties is not an African the jurisdiction is exercised
by the High Court under section 3 of the Divorce Act. This is not to say that High Court has no
jurisdiction where both parties are Africans because High Court is a court of unlimited original
jurisdiction over all persons and matters in Uganda under article 139 of the constitution and
section 14 of the Judicature Act.
In the instant case however the petition may be filed in Grade one Magistrates‘ court or Chief
Magistrates court.
Issue 6 Procedure for divorce

 Present a petition to the chief magistrates‘ court as required by section 4 of the Divorce
Act. The petition must state the facts on which the claim is based and must be verified
79
and further state that there is no condonation and collusion between the petitioner and
the respondent in presenting the petition under s.31 of the divorce act.

authorities and documents to be relied upon under order 6 rule 2 of the CPR. This is
because order 6 rule 2 CPR is mandatory and all pleadings (petition inclusive) must strictly
adhere to it----per AKIIKI KIIZA J in HON. MR. JUSTICE REMMY KASULE V HON. JACK SABIITI
& 2 ORS HCCS NO.230 of 2006.

CPR.
After the decree absolute, the parties are free to remarry and start a new life. After going through
the above procedure TABUSANA shall be free to marry his new sweet heart.
DOCUMENTS
 Petition for divorce
 Affidavit in support of the petition
 Summary of evidence, list of witnesses, authorities and documents
 Summons to answer the petition
 Decree nisi
 Decree absolute
 Marriage certificate
NB decree nisi, decree absolute, petition, and summons to answer petition are found in the
DIVORCE RULES and use the precedents therein with the necessary modifications. MEANWHILE
marriage certificate is found in the schedule to the marriage Act.
However for affidavit of service draft a simple one e.g. allege that you knew the respondent
personally and served her at the place of abode and she endorsed an acknowledgement of
service on the original which you returned to court.
80
IN THE CHIEF MAGISTRATES COURT OF MENGO AT MENGO
MATRIMONIAL CAUSE NO. 10 OF 2009
TABUSANA ………………………………………………….. PETITIONER
VERSUS
KELELE………………………………………………….. RESPONDENT
PETITION FOR DIVORCE

The humble petition of TABUSANA of c/o Firm E and Co. Advocates P.O Box 7117 Kampala do
showeth
1. That your petitioner currently resides at old Kampala, Mengo in Kampala district.
3. That your petitioner was lawfully married to the respondent at Rubaga Cathedral on the
20th day of December, 1990, and the said marriage was conducted under the marriage
Act, Laws of Uganda (copy of marriage certificate is attached hereto as Annexture A).
4. That following the said marriage your petitioner lived and cohabited with the respondent
and begot two issues namely ROSE NAMUSOKE born in 1992 and PEACE MUSOKE Born in
1988. Copies of birth certificates are attached hereto and collectively marked as
Annexture B.
5. That on or about the 21st day of NOVEMBER, 2005, the respondent committed adultery
with CORPORAL BIRIKWA and she is three months pregnant to the said Birikwa.
6. That your petitioner is not guilty of condonation, connivance and / or collusion in

presenting this petition.
WHEREFORE your petitioner humbly prays

 That the said marriage with the respondent be dissolved;
 That custody of the two issues of the marriage be granted to the petitioner;
 That the respondent pays costs of the petition;
 Any other or further relief this court deems fit.
DATED at Kampala this ………… day of ………………………… 2009
-----------------------------------------
PETITIONER‟S COUNSEL
VERIFICATION
I certify that the statements made in the petition are true to the best of my knowledge and belief.
-----------------------------------------
PETITIONER
BEFORE ME
----------------------------------------------
DRAWN & FILED BY
81
LAW DEVT CENTRE
P.O BOX 7117
KAMPALA
Written Practical Exercises 2005/06
Qn 1. Brief facts
Erineo Wanyama, the registered proprietor of land in Kyadondo with a house thereon, left it
under the care of his brother Manasse Gusiino together with the title certificate. The latter forged
the signature of Wanyama.He also forged an ID in the name of Wanyama which he used for
selling and transferring the said land to Lozio Epodoi and Esereda Epodoi at US dollars 100,000
after satisfying themselves as to the proprietorship and lack of encumbrances. The couple
donated the house to their son as a wedding gift. The transfer was executed to the son in
consideration of natural love and affection. The son and wife took possession of the land.
Wanyama has returned to Uganda and found the land has changed ownership twice without his
knowledge. He wants his land back.
Issues
1. Whether the transfer to Manasse is valid
2. Whether Manasse passed good title to the Epodois
3. Whether Lucy acquired good title
4. what remedy is available to Wanyama
5. What is the forum, procedure and documents?
Law applicable
1. Constitution of the Republic of Uganda 1995
2. CPA cap 71.
3. Evidence Act Cap.6
4. Judicature Act cap.13
5. RTA Cap.230
6. Land Act cap 227
7. CPR S.I 71-1
8. Common law and doctrines of equity
9. Magistrates courts Act Cap 16 as amended by Act no.7 of 2007
10. Case law.
Discussion of the issues
82
Issue 1.
Did manasse acquire good title
A certificate of title is a conclusive evidence of title of the proprietor under s.59 RTA. Thus in Re:
G.N.M. Mallo 1964 E.A 3I, it was held by Sheridan J that in the absence of fraud, the production of
certificate of title is conclusive evidence of title, and an absolute bar to any claim. Under s.64 (1)
RTA, the title of the registered proprietor is paramount except for fraud.
However, any certificate of title procured by fraud is void as against all parties privy to the fraud
in light of s. 77 RTA. Fraud connotes untruthfulness, deceit and any form of dishonesty in any land
dealings as was held in Zaabwe V Orient Bank Ltd And 5ors SCCA No.4 of 2006.
In the instant case, Menasse got registered through fraud i.e. by forging wanyama‘s signature on
the transfer instruments. Accordingly, the certificate of title he acquired was void as against him.
Issue 2.
Did manasse pass good title to the epodois
Under section 181 RTA, a bonafide purchaser for value derives good title from a person who
registered through fraud. In lusweswe v g.w. kasule and anor, HCCS No. 1010/1983 ( unreported),
it was held that under s.181 RTA, once a registered proprietor has purchased the property in
good faith, his title cannot be impeached on account of the fraud of the previous registered
proprietor.
Consequently, a bonafide purchaser obtains a good title even if he purchased from a proprietor
who previously obtained title by fraud. In Lwanga V Registrar of Titles 1980 HCB 24; Odoki Ag J.
held that according to S.184 (now 181) RTA, the title of a bonafide purchaser for value could not
be impeached since a person who registered through fraud could pass a good title to a
bonafide purchaser for value unless the purchaser is not a bonafide purchaser or was privy or
party to the fraud.
However, where the transferee is a done of land i.e. has not provided valuable consideration, the
title can be impeached since he or she is not a purchaser…… see s.176(c) RTA. The case in point
is Ssekabanja v Sajjabi 1983 HCB 54, it was held that a registered proprietor who acquires title by
way of gift (volunteer) is not a bonafide purchaser for value, therefore his or her title is not
protected under section 184(c ) (now 181) of the RTA. In this case, the land in issue was a
donation to the defendant who subsequently got registered.
In the present case, Menasse got registered fraudulently to which Epodois are not privy. The
Epodois acted in good faith and paid money $100,000. Accordingly, the Epodois derived good
title from Menasse as bonafide purchasers.
Issue 3
Did the son obtain good title
Under section 92 of the RTA, the registered proprietor of land may transfer the same and upon
such registration, the proprietor‘s asset or interest therein together with all powers, rights and
privileges pass to the transferee.
Land or interest therein can be acquired through a gift (donation). This is based on the authority
of Gabriel Rugambwa v. Ezlone Bintu Bwambale, HCCS No. 359 of 1992 (unreported), where it was
held that a person can acquire a good title to land through a donation (gift).
83
In the instant case, transfer to Epadois son passed good title to him through the gift since the
parents possessed good title which they could and did pass to their son who is not privy to any
fraud
Issue 4.
Remedies to Wanyama
Action for recovery of the land or ejectment
Under s.176(c) RTA, an action can lie against the registered proprietor for ejection or recovery of
land if such registration was obtained by him fraudulently or otherwise than as a bonafide
transferee deriving from a person who was previously registered through fraud. Thus in Sekabanja
v sajjabi (supra) the title of the defendant was cancelled since he derived his title by way of a
gift from a fraudulent proprietor other than as a bonafide transferee for value without notice. See
also Zaabwe‘s case where the Supreme Court ordered cancellation of title and recovery of land
on account of fraud.
In the present case, Epodois son derived good title from his parents who are bonafide purchasers.
Therefore, the land cannot be recovered from him.
Action for compensation

Under section 178 RTA, Wanyama can file a suit to recover compensation from the person who
occasioned the former‘s deprivation of land. If the person liable is dead or adjudged bankrupt or
cannot be found within the jurisdiction of the high court, damages may be recovered from the
government under section 178 RTA.
Accordingly wanyama recover compensation from Manasse, and if he cannot be found, he can
recover from the Government.
Issue 5
Foram, procedure and documents
Foram
Under section 4 of CPA, no court shall try a civil case where the value of the subject matter is
beyond its ordinary pecuniary jurisdiction. Under s. 207 of the MCA as amended by Act No. 7 of
2007, the chief magistrates‘ pecuniary jurisdiction is 50 million and that of GI is 20 million.
In the instant case, the value of the Land is US $100,000, an equivalent of Ug. Shs.170million hence
above the pecuniary limits of any magistrates courts and thus can be filed in the High Court
which, under article 139(1) of the constitution and s.14 of the Judicature Act, has unlimited original
jurisdiction. It follows therefore that jurisdiction in this case shall be exercised by the high court due
to the pecuniary jurisdiction.
Procedure
 Proceedings under the RTA are governed by the rules of civil procedure in light of s.188 of
the RTA. Under section 19 CPA suits shall be instituted in the manner provided by the rules.
 Every suit shall be instituted by presenting a plaint which shall comply with orders 6 and
7CPR (0.4r.1 CPR.
 Under 0.6r.2 CPR, the plaint shall be accompanied with a brief summary of evidence, list
of witnesses, lists of authorities, list of documents.
84
 Then obtain and serve summons on the defendant within 21 days from the date of issue
thereof unless time has been extended (0.5r.1 CPR).
 An affidavit of service of summons should be filed on the record of court as required by

O.5r.16 CPR
Documents
 Plaint
 List of witnesses, list of authorities, list of documents and summary of evidence.
 Summons to file a defense.
 Affidavit of service of summons
Documents
85
(LAND DIVISION)
Civil Case No. 50 OF 2007
ERINEO WANYAMA ……………………………………….PLAINTIFF
VERSUS
MANASSE GUSIINO…………………………………………DEFENDANT
PLAINT
1. The plaintiff is an adult male of sound mind and his address for purposes of this suit is c/o xyz
and Co Advocates, LDC, P. O. BOX 7117 KAMPALA.
2. The defendant is an adult male believed to be of sound mind and plaintiff‘s counsel
undertakes to effect service of court process on him.
3. The plaintiff‘s action is for compensations for wrongful deprivation of land by the defendant
brought under the RTA.
4. The plaintiffs cause of action arose as follows:
(a) That sometime in 1995, plaintiff traveled to the US and left his house in Kyadondo Block 244
plot No. 75 at Buraka together with the duplicate certificate under the caretaker ship of
the defendant.
(b) That during or around the same year, the defendant forged the plaintiff‘s signature and
identity card and fraudulently transferred the said land into his name.
(c) That as a result of the forged transfer and in breach of trust, the defendant fraudulently
sold and transferred the same land to Lozio Epodoi and Asereda Epodoi whereupon the
latter were enabled to transfer the same to their son.
5. The plaintiff shall aver that such fraudulent transfer executed by the defendant caused the
plaintiff extreme deprivation of the suit land.
Particulars of Fraud
6. The particulars of the defendant‘s fraud are
a. Wrongfully getting himself an identity card in the plaintiff‘s name
b. Forging the plaintiff‘s signature on the instruments of transfer.
c. Presenting the forged instruments for registration.
d. Obtaining a certificate of instruments in respect of forged instruments of transfer.
e. Transferring to himself the suit land in breach of trust
7. The plaintiff shall aver and contend that as a result of such fraud, the plaintiff has suffered a
great loss, inconvenience and mental anguish for which he shall hold the defendant
responsible.
8. Notice of intended suit was duly communicated to the defendant.
86
9. The cause of action arose in Kampala within the jurisdiction of this honorable court.
WHEREFORE, the plaintiff prays for a judgment against the defendant for orders:
a) That the defendant pays compensation to the plaintiff of shs.200, 000,000 for wrongful
deprivation of land
b) General damages of shs 100,000,000.
c) Costs of the suit.
Dated at Kampala this…. Day of…, 2007.
……………………………
Counsel for the plaintiff
Drawn and filed by:

Candia and co advocates
Firm E. LDC.
87
(LAND DIVISION)
CIVIL SUIT NO.50 OF 2007
ERINEO WANYAMA………………………………PLAINTIFF
VERSUS
ERINEO MANASSE ……………………………..DEFENDANT
Summary Evidence
The plaintiff shall adduce evidence at the hearing to show that the transfer of the suit land into
the name of the defendant was fraudulent and hence caused the plaintiff a great loss,
inconvenience and mental anguish
List of Witnesses
 Erineo Wanyama
 Others with leave of court
List of Authorities
 RTA Cap 230
 Evidence act cap.6
 CPA cap 71
 CPR S.1 71-1
 Case law
 others with leave of court
List of Documents
1. With leave of court.
Dated this…… day of ………, 2007.
………………………………
Counsel for the plaintiff.
NB. Please draft summons to file a defense and an affidavit of service thereof as is usually drafted
in civil proceedings
Qn. 2. Brief facts

Paul mugerwa, a Ugandan born Australian and his wife Stella Mugerwa who remained a
Ugandan intend to invest in real estate jointly. They have incorporated Real estate developers ltd
for the purpose in which Paul holds 60% shares and Stella 40%. I carried out a search in the registry
on their behalf in respect of the land in which they have an interest.
Issues
1. what is the current status of the land
2. Whether the company can legally purchase the land.

3. What steps should the company take to purchase the same land?
Law applicable
88
1. The Constitution Of The Republic Of Uganda
2. The Land Act Cap 227 as amended by Act no. 1 of 2004.
3. The RTA cap 230
4. case law
5. The Uganda citizenship and immigration control act cap 66
Resolution of the issues

Issue 1.
Current status of the land
Under section 201 of the RTA any person is entitled to inspect a register book, on payment of a
prescribed fee, and be furnished with a certified copy of title certificate. In the present case,
having inspected the register book, I found the following:
Description of the land

 The land is a freehold volume 357 folio 8 measuring 0.085 hectare at Kyadondo
plot No.79 Buganda Road, Kampala district.
 The duplicate title which was originally given was lost hence the current certificate
of title is a special certificate.
Ownership of the land

 The first owner (registered proprietor) was National Housing Corporation.
 The current owner is JUMMA SEROWN SEIKO of P.O. Box 23088, Kampala registered
on 3015/2000 at 3:52pm under instrument no. 309077.
Encumbrances
 A mortgage registered by housing finance company of Uganda ltd was released on
18/10/2005 hence no longer an encumbrance.
 Stella Chelimo lodged a caveat as a purchaser on 25/10/2005 registered at 3:25pm under

instrument No.366175.
 The order of temporary injunction registered on 10/11/2005 was vacated (lapsed) when
High Court dismissed HCCS No. 947/2005 brought against Jumma. S. Seiko by Stella
Chelimo, in which it was held that Chelimo‘s interest as a purchaser had no merit (without
justification).
 Accordingly the land has no encumbrance bothering (burdening) it hence one could
safely purchase the same.
Issue 2.
Can the company purchase the land
89
Under article 237 (2) (b) of The Constitution Of Uganda and section 2 of The Land Act cap 227, all
land in Uganda vests in the citizens of Uganda to be owned is accordance with the different
tenures.
Under section 40(4) of the Land Act, a non citizen shall not acquire or hold freehold or mailo land
or interst therein. A non citizen company is a company in which the controlling interest lies with
non citizens under s. 40(7) (b) of the land Act. Controlling interest means, in the case of a
company with shares, the majority shares are held by non citizens under s.40(8)(a) of the land act.
It should be noted that a non citizen can only acquire a leasehold interest in land in accordance
with section 40(1) of the land Act.
In the instant case, Paul Mugerwa is an Australian citizen holding 60% shares in Real Estate
Developing Ltd, while his wife Stella, a citizen of Uganda holds 40% shares thus constituting the
company a non citizen. The land proposed to be purchased is free hold. Accordingly, the
company, in its present composition, is incapable of purchasing the land.
Issue 3
How the company can purchase the land in its current form
If the company wants to purchase the same land without trouble, it should do the following:
 Paul Mugerwa transfers more than 11% of his shares in the company to Stella to constitute
her the majority shareholder thus vesting in her the requisite controlling interests.
 Alternatively, since the constitution of Uganda embraces dual citizenship, Paul Mugerwa
should apply to restore his Ugandan citizenship so that both of them will be citizens of
Uganda and the company shall, by the same reason, attain a citizenship of Uganda.
 The company can thereafter enter into a contract for the sale of the land by executing a
sale agreement.
 Then the vendor executes a transfer in favor of the company which must be signed in
Latin character pursuant to s.148 of the RTA and must be properly attested as required by
s.147 of the RTA failing which the transfer shall be invalid on the authority of Zaabwe V
Orient Bank Ltd And 5 Ors SCCA No.4 of 2006.
 The company shall be registered the transferee of the land after payment of stamp duty
and registration fees.
Documents
 Share transfer
 Sale agreement
 Transfer of land
 Letter to the registrar asking her to remove the caveat and attach judgment of court
dismissing the caveator‘s suit against the proprietor
NB.PLEASE DRAFT A SIMPLE SALE AGREEMENT AND A TRANSFER FORM
90
Qn.2. 2006/2007
Brief facts.
Paul, a Scot and his wife Cate Abwoli , a Ugandan citizen, want to carry on a Real Estate
Business, in which they both want to have a share should they acquire the property. Cate has
identified a piece of land whose title certificate is before me. I have carried out a search on their
behalf and found out the following
Issues
1. What is the current status of the land
2. Whether the couple can jointly acquire the land
3. What steps should they take to purchase the same land.
Law applicable
1. Constitution of Uganda 1995
2. The land act cap 227 as amended by act No. 1 of 2004.
3. The RTA cap 230
4. The Uganda citizenship and immigration control Act cap 66.
5. Case law.
Issue 1.
Status of the land in question
Under section 201 RTA, any person is entitled to inspect the register book and obtain certified
copy of title on payment of a prescribed fee. Upon perusing the certificate of title in question, I
found out the following:
Description of the land

 The land is a mailo land
 Located in Busujju Block 19 plot 21 in Mubende district.
 The area of the land is 161.2 hectares.
 On the special certificate, it is shown that Mityana office of titles issued the title (to be
investigated further).
Ownership of the land

 The first owner was Paulo Kamya registered on 9/3/1957 under instrument No. 6581.
 On 7/3/1984, at 12:10pm, the land was transferred to Hilton industries ltd P.O. Box 241
Mityana by instrument No. 52074 thus constituting it the current owner.
91
Encumbrances
 Uganda land commission was granted a lease on 4.2 acres for 5 years from 1.1.1938 (LRV
179 folio 8) registered on 9.5.1939 under instrument No.43930. The lease has since expired
and has not been renewed.
 Zaverio Kakembo‘s caveat lodged on 28/1/87 was withdrawn on 22/6/1993 under

instrument No.58870.
 On 13/8/2005 at 10:40am by instrument No.MT 95564, Benenego Wesonga lodged a

caveat on 50 acres of the land claiming interest as a purchaser. This caveat is still
subsisting.
Issue 2.
Whether the couple can jointly purchase the land
I will advise the couple not to purchase the land if they want to have joint interest in it because;
 The land being a mailo land, non citizens cannot acquire an interest in mailo land by
virtue of article 237(2)(b) of the constitution and section 40(4) of the land Act, since land in
Uganda vests is the citizens of Uganda. Under section 40(7) of the land act, a non citizen is
a person who is not a citizen of Uganda as defined by the constitution and the Uganda
citizenship and immigration control Act.
In the instant case, Paul Pilcher, being a Scot, is a non citizen and cannot acquire mailo
land interest. Accordingly, the couple cannot jointly purchase the land.
 The land is encumbered with a caveat which forbids any further dealings in the land by
virtue of section 141 RTA. Therefore, until removed, the caveat shall inhibit the registration
of any person as proprietor of the land or any further dealings therein.
Issue 3.
What should the couple do in order to purchase the land as it is
In order to purchase the land in its current form, the couple needs to do the following
 Paul Pilcher should apply for and acquire Ugandan citizenship so that he acquires the
necessary capacity to purchase any type of land tenure including mailo tenure; OR
 The couple should incorporate a company limited by shares in which Cate Abwooli
Pilcher, the Ugandan should have a majority share holding to vest the controlling interest
in her. This is because under section 40(7) of the land Act, a company is a non citizen if
the controlling interest lies with the non citizens. Controlling interest, in the case of a
company with shares, is where majority shares are held by non citizens under section 40(8)
(a) land act.
 The proprietor, SEIKO, should apply to have the caveat removed by applying to the
registrar who shall give notice thereof to the caveator, and which, under s.140 (2) RTA
shall lapse unless the caveator has restrained the registrar by court order within 60 days.
 The parties enter into a sale agreement.
 The vendor then executes a transfer which must be properly attested within the meaning
of s.147 RTA and signed in Latin character under s.148 RTA short of which the transfer shall
be void, per katurreebe JSC in Zaabwe V Orient Bank and 5ors(Supra).
 The couple shall be registered as joint transferees after payment of the requisite stamp
duty and registration fees.
92
Documents
 Removal of caveat by Seiko
 Statutory declaration in support of the application
 Sale agreement
 Transfer
NB. Draft them please
Qn.1 2004/2005
Brief facts
Morris Kiwanuka, the registered proprietor of land comprised in Kyadondo block 15 plot No. 720
at Kiwatule, sold it to John Basajjasubi, his best friend and best man at his wedding. He sold the
land while his wife Clare was away to Alabama, U.S. Basajjasubi who was told Morris was selling
because he intended to join his wife in the US paid shs.200,000,000 but asked morris, the vendor,
to insert in the transfer deed only shs.70,000,000 in order to pay less stamp duty. Clare who has
since returned wants the sale to be reversed.
Issues
1. What is the effect of certificate of title acquired by John Basajjasubi
2. Whether Clare has any remedy against Basajjasubi and if so.
3. What is the forum, procedure and documents required to get the remedy.
Law applicable
1. The constitution of the republic of Uganda 1995
2. The RTA cap 230
3. The land Act cap 227 as amended by Act No. 1 of 2004.
4. The Evidence Act cap 6
5. Judicature Act cap 13.
6. CPA cap 71
7. CPR s.1 71-1
8. Common law and Doctrines of Equity
9. Case law
Discussion of the issues
Issue 1.
Did Basajjasubi aquire good title
 Under section 59 RTA, a certificate of title is a conclusive evidence of proprietorship
except for fraud. In Re G.N.M. Mallo 1964 EA31, Sheridan J held that in the absence of
fraud, the production of certificate of title is a conclusive evidence of proprietorship and
court cannot go behind it except for fraud.
 Under section 39(1) (a) of the Land Act, no person shall sell any family land without the
prior written consent of the other spouse. Under section 38 A (4) of the land act, family
land means, interalia, land on which is situated the ordinary residence of a family.
Ordinary residence is residence with some degree of continuity apart from accidental or
temporary absences.
 The land in question is family land hence the sale and purchase thereof without the prior
written consent of Clare is VOID AB INITIO and an illegality under s.39(4) of the Act.
 Under section 77 of the RTA, any certificate of title procured by fraud is void against all the
parties privy to the fraud. Thus in Edward Musisi v. Grindlays Bank (U) Ltd. and Others
93
(1983) HCB 39 where court observed that title obtained through fraud is that obtained
through acts of dishonesty…. See also Zaables‟s case
 Any title is tainted with fraud if the consideration is understated in order to pay less stamp
duty and deprive the government of revenue. This view was upheld in Samuel Kizito
Mubiru V Byensiba & Anor 1985 HCB 106, where the amount inserted in the transfer deed
as consideration for the purchase of the land was less than the amount actually paid by
the purchaser, Karokora J (as he then was) held that the process of acquiring the title was
tainted with fraud and by public policy such contract was void for fraud and illegality.
 In the instant case, the land in issue is a family land. The consent of Clare was not
obtained prior to the purchase and sale. Further, the consideration was under stated in
the transfer deed. These acts constitute fraud and illegality sufficient to impeach the title
within the provisions of the RTA. Accordingly, Basajjasubi‘s title is impeachable on the
ground of illegality and fraud.
Issue 2. Remedies to Clare
ACTION FOR RECOVERY OF THE LAND

Under section 176(c) of RTA, an action for recovery of land may lie against any person registered
as proprietor through fraud. In Fredrick Zaabwe V Orient Bank and 5 ors SCCA NO. 4/2006, the
Supreme Court set aside the title of the respondent since it was acquired fraudulently with the
respondent‘s knowledge.
Thus in Kampala Bottlers v Damanico Scca No.22 Of 1992 it was held that fraud must be
attributable to the transferee either directly or by necessary implication.
In the present case, not only did John Basajjasubi participate in the fraud (understating the
consideration) but that the transaction itself is illegal for lack of spousal consent. Accordingly,
Clare can successfully set aside the sale and recover the land
ACTION FOR COMPENSATION

In the alternative but without prejudice to the foregoing, she can sue Basajjasubi for
compensation for deprivation of land under s.178 of the RTA.
.
Issue 3 Forum, Procedure and documents
Foram
 Under section 4 of CPA, no court shall try a civil case where the value of the subject
matter is beyond its ordinary pecuniary jurisdiction. Under s. 207 of the MCA as amended,
the chief magistrates‘ pecuniary jurisdiction is 50 million and that of GI is 20 million.
 In the instant case, the value of the Land is Ushs. 200,000,000, well above the pecuniary
limits of any magistrates courts. The suit should be filed in the High Court which, under
article 139(1) of the constitution and s.14 of the Judicature Act, has unlimited original
jurisdiction. It follows therefore that jurisdiction in this case shall be exercised by the high
court due to the pecuniary jurisdiction.
Procedure
 Proceedings under the RTA are governed by the rules of civil procedure in light of s.188 of
the RTA. Under section 19CPA suits shall be instituted in the manner provided by the rules.
94
 Every suit shall be instituted by presenting a plaint which shall comply with orders 6 and
7CPR (0.4r.1 CPR.
 Under 0.6r.2 CPR, the plaint shall be accompanied with a brief summary of evidence, list
of witnesses, lists of authorities, list of documents.
 Then obtain and serve summons on the defendant within 21 days from the date of issue
thereof unless time has been extended (0.5r.1 CPR).
 An affidavit of service of summons should be filed on the record of court as required by

O.5r.16 CPR
Documents
 Plaint
 List of witnesses, list of authorities, list of documents and summary of evidence.
 Summons to file a defense.
Drafting of the documents
95
(LAND DIVISION)
CLARE NDOMBOLO KIWANKUKA …………………PLAINTIFF
VERSUS
JOHN BASAJJASUBI…………………………… … DEFENDANT
PLAINT
1. The plaintiff is an adult female of sound mind whose address for purposes of this suit is c/o
xyz AND CO. ADVOCATES, P.O. BOX 117
KAMPALA.
2. The defendant is an adult male believed to be of sound mind and the plaintiff‘s counsel
under takes to effect service of process of court on him.
3. The plaintiff‘s action is for recovery of land brought under the RTA cap 230 and the Land
Act cap 277 as amended.
4. The plaintiff‘s claim arose as follows:
a. That during or around the month of August, 2004, the plaintiff travelled to
Alabama, U.S to attend a 3 month course on Enforcement of women rights.
b. That while the plaintiff was away, Mr. Morris Kiwanuka, to whom the plaintiff is
legally married sold the matrimonial house or residential holding comprised in
Kyadondo Block 15 Plot 720 situate at Kiwatule to the defendant (copy of marriage
certificate and land title to the suit property attached and collectively marked
annexture „A‟).
c. That the defendant who at all material times knew that the suit property was a
family property promptly lodged instruments of transfer.
d. The defendant who understated the purchase price in the transfer was
fraudulently and illegally registered the proprietor of the suit property.
5. The plaintiff shall aver and contend that the title of the defendant is tainted with fraud
and illegality thus null and void and of no legal consequence whatsoever.
Particulars of the defendant‟s Illegality

 Purchasing the suit property being family property of the plaintiff and her husband with
knowledge.
 Purchasing such family property without the plaintiff‘s prior written consent as the wife of
Mr. Kiwanuka, the proprietor of the suit property.
 Understating the purchase price in the transfer
 Payment of less stamp duty thereby defrauding Government of revenue.
Particulars of Fraud
96
 Understating consideration paid for the land (Attached hereto is a copy of
acknowledgement receipt, transfer and the sale agreement collectively marked
annexture „B‟
 Payment of less stamp duty thereby depriving government revenue.
6. That the plaintiff shall further contend and aver that she has suffered a great loss and
inconvenience as a result of the defendant‘s actions or omissions herein complained of.
7. Notice of intention to sue was duly communicated to the defendant who has continued
to be adamant.
8. The cause of action arose in Kampala within the jurisdiction of this Honorable court.
WHEREFORE the plaintiff prays for judgment against the defendant for;
a) A declaration that the sale of the suit property is null and void
b) A declaration that the suit property is a family land
c) An order that the defendant‘s title be cancelled from the register and the name of the
plaintiff‘s husband restored.
d) General damages
e) Costs of the suit.
Dated at Kampala this……………… day of ……….., 2007.
………………………………..
Counsel for the plaintiff.
Drawn and filed by:

Candia & co advocates
Land development centre
P.o. Box 7117
Kampala.
97
(LAND DIVISION)
CIVIL SUIT NO. 20 OF 2001
CLARE NDOMBOLO KIWANUKA………………PLAINTIFF

VERSUS
JOHN BASAJJASUBI……………………… .DEFENDANT
Summary of Evidence
The plaintiff shall adduce evidence at the hearing of the suit to show that she is legally married to
Kiwanuka and that defendant fraudulently and illegally purchased their family land.
List of Witnesses
1. The plaintiff
2. Moses Kiiza (pastor at All saint‘s cathedral)
3. Others with leave of court.
List of Documents
1. Marriage certificate
2. Acknowledgement receipt
3. Sale agreement
4. transfer
5. Others with leave of court.
List of Authorities
1. The constitution of Uganda 1995
2. The CPA Cap 71
3. The Evidence Act Cap 6
4. The RTA Cap 230
5. The Land Act Cap 227 as amended by Act No.1 of 2004
6. The CPR SI 71-1
7. Case Law
8. The Judicature Act Cap 13
9. Others with leave of Court.
Dated at Kampala this……………… day of………….,, 2007
……………………………
Counsel for the Plaintiff
Drawn & filed by:

Law dev‟t centre
P.o.box 7117
Kampala.
98
(LAND DIVISION)
CLARE NDOMBOLO KIWANUKA……………PLAINTIFF
V
JOHN BASAJJASUBI………………………….DEFENDANT
SUMMONS TO FILE A DEFENCE
TO: JOHN BASAJJASSUBI

KAMPALA.
WHEREAS the above mentioned plaintiff has instituted a suit against you upon the
claim the particulars of which are set out in the copy of the plaint attached hereto.
YOU ARE HEREBY required to file Defence in the said suit within fifteen(15) days from
the date of service of summons in the manner prescribed under 0.9 r.1 CPR.
SHOULD YOU FAIL to file defence on or before the date mentioned the Plaintiff may
proceed with the suit and judgment may be given in your absence.
GIVEN under my hand and the seal of court this…………….. Day of ……….., 2007.
………………………………
REGISTRAR
LAND TRANSACTIONS
PAST PAPERS REVISION.
Qn .2 2004/2005 BY CANDIA ALEX.

Brief facts.
Conrad Oketch, the registered proprietor of land comprised in FRV 234 Folio 25 plot Soroti road
In Lira executed a power of attorney in favour of the Kopango investment Ltd to secure a loan of
200m. Oketch deposited his certificate of title to the said land with the Bank which was kept in its
safe. Under the mortgage, the bank has express powers of sale without recourse to court in the
event of default. The loan attracted interest at 24% per compound monthly. The loan was to be
paid in 36 equal installments with the first installments falling due on 1/11/2003. The company has
not paid anything since then and the Bank needs a remedy.
ISSUES
1. Whether a mortgage was created and if so what type
2. Whether there was a default by Oketch.
3. Whether Lango Bank ltd has any remedy
99
4. What is the procedure and necessary document for realizing the above remedy.
LAW APPLICABLE
 The Constitution of the Republic of Uganda 1995
 The Judicature Act cap 13
 RTA cap 230
 Mortgage Act cap 229

 Evidence Act cap 6
 CPA cap 71
 CPR S I 71-1
 Common law and doctrines of equity
 Case law
Issue 1
Whether a mortgage was created and if so what type.
A mortgage is a charge created on property for repayment of the loan see S 1 (b) M A.
To create a legal mortgage… see s.115 and 54 RTA

The registered proprietor of land must sign a mortgage in the form in 11 th schedule to the RTA. In
other words it must be in writing under section 115 of the RTA.
The agreement (mortgage deed) must be registered. See 54 RTA. This is because legal interest in
land is acquired by registration and not execution of instruments. see section 54 of RTA and
KATARIKAWE‟s case
To create an equitable mortgage – S129

The registered proprietor of land must deposit a certificate of title with the intent to create
security on the land followed by a caveat…..see s. 129 RTA In Nile Bank Ltd Uganda Richard
Desmond Kaggwa 2001- 2005 HEB 22 held that an equitable mortgage is created by deposit of
certificate of title by the registered proprietor with intent to create security thereon for a loan.
Intent to create security is a condition precedent and deposit of title alone is not enough.
Lodgment of caveat on the title is a condition subsequent.
In the instant case, Oketch deposited his cert. of title with Lango Bank Ltd in order to secure a
loan of shs 200 millions advanced by the latter. A document called legal mortgage was
executed but it was only kept in the bank‘s safe and not registered. Accordingly no legal
mortgage was created but only an equitable mortgage.
ISSUE 2
Whether there was a default
100
Default occurs when a party to a mortgage fails to comply therewith and the breach has
continued for 30 days or such number of days as agreed by the parties under section 116 of the
RTA.
To this end notice must be given to the party in breach before default occurs. This is due to the
fact that time for default does not begin to run until notice is given to the party in breach and as
was held in Epaineto Mubiru V Uganda Savings and Credit Bank 1978 HCB…….., notice is
mandatory.
However where the money was made payable on demand, such demand in writing made to
the mortgagor is sufficient notice to found a default under section 117 of the RTA and as was held
in General Parts (U) Ltd V NPART that notice is not mandatory provided demand is made in writing
it is sufficient notice.
Therefore the bank must make a demand in writing to Oketch to pay the sums owing failing
which Oketch shall be in default.
ISSUE 3
REMEDIES
Before determining the best remedy to the bank, it is pertinent to analyze the remedies available
to the mortgagee under the mortgage Act.
Suit by the Lango Bank

A mortgagee can sue the mortgagor on the covenant under section 2(1) a) of the Mortgage
Act. This means he shall sue to obtain a judgment whereafter he can apply for execution of the
judgment since it already has the security… this method is not a direct way of realizing the
security and may entail undue delay as is the case with our court system in Uganda hence suit is
not ideal.
Appointment of a receiver
The mortgagee (lango bank) may appoint a receiver under section 3(a) Mortgage Act if the
power to appoint receiver by the bank was expressly reserved in the mortgage deed although
the court can appoint a receiver on application made to it by the bank. Beside the property
mortgaged must be a viable commercial venture let alone the fees and other expenses of the
receiver. There are no facts to support this proposition hence appointment of receiver is not ideal.
Possession of the mortgaged property

The mortgagee (lango bank) may possess the property upon giving to the mortgagor notice of
his intention to do so under section 7(1) Mortgage Act. The mortgagee must account to the
mortgagor for the income received; ensure the property is in good order; is liable for insuring the
property; is not entitled to remuneration for personally managing the mortgaged property under
section 7(4) Mortgage Act. Accordingly this remedy is burdensome and is not the best.
Sale without recourse to course

Sale without recourse to court under section 10 of the Mortgage Act applies where the power to
do is irrevocably expressed by the parties in the mortgage deed as was held in Barclays Bank of
Uganda ltd V Livingstone Katende Luutu civil appeal no. 22/93. In the instant case, this express
power wasn‘t included in the agreement hence doesn‘t apply.
Foreclosure
Lango bank may also foreclose Oketch‘s right to redeem the land under section 8(1) of the
Mortgage Act. This is a process by which the mortgagor‘s right to redeem the property is finally
extinguished by court order.
101
Equitable mortgagee‘s best remedy is foreclosure upon an order of court but such equitable
mortgagee can avail himself of all the remedies available to a mortgagee concurrently provided
what is recovered doesn‘t exceed the value of the principal and the accumulated interest as
was observed in Barclays Bank DCO V Gulu Millers Ltd 1959 E A 540, also applied in Barclays Bank
of Uganda V John Hilton Northcote 1976 HCB 34; Charles Mayambala V UCB HC misc. cause No.
160/1981. That the best Remedy of equitable mortgagee is foreclosure under a court order.
Accordingly the bank‘s best remedy is foreclosure upon court order.
ISSUE 4
Procedure of foreclosure
First serve demand notice on the defendant, Oketch, demanding payment of the outstanding
principal together with accumulated interest. If the defendant doesn‘t pay within 30days, then a
default shall occur.
Then institute a suit by originating summons supported by an affidavit returnable before a judge
and heard exparte. see 0.37 rr.4 and 8(2) CPR
The summons must be accompanied by a brief summary of evidence, list of witnesses, authorities
and documents provided under order 6 rule 2 CPR. This is because justice AKIIKI KIIZA held in HON.
Remmy Kasule V HON. Jack Sabiiti and 2 Ors HCCS NO. 230 of 2006 that order 6 rule 2 is
mandatory and that it must be strictly complied with.
Docs include
 Demand notice
 Originating summons
 Affidavit supporting the summons
 Summary of evidence, list of witnesses, documents and authorities
Draft them
Qn. 1. 2006/07
Brief facts
Kassamali was the registered Proprietor of land comprised in LRV 590 Block 25 plot 23 land at
Kibuga. He left Uganda in 1972 and returned recently when he found his name had been
cancelled and the name of the current proprietor registered. He complains that he never signed
any transfer to any person hence the purposed transfer was fraudulent. He needs legal advise
Issues
1. What is the history of the proprietorship of the property land
2. Whether the transfer to Mwanje was fraudulent
3. Whether Kassamali is entitled to recover the land
4. What remedy is available to Kassanali Nanji
5. What is the Foram, procedure and necessary documents
102
LAW APPLICABLE
 The constitution of the Republic of Uganda 1995
 The RTA cap 230
 The Expropriated Properties Act cap 87
 The Assets of Departed Asians Act cap
 Civil Procedure Act cap 71
 Government proceedings Act cap 77
 Civil Procedure Rules S I 71-1
 Civil Procedure (Government Proceedings) Rules S I 77-1
 The Expropriated properties (Repossession and Disposal) Regulations S I 87-8
 Case law
Issue 1
History of proprietorship of suit land
N.B Kassamali was registered proprietor of the leasehold on 23 rd Sept 1965. But on 2617199 of
4:05pm by instrument No. 303051, Dodoviko Mwanje of P.O. Box 4493, Kampala was registered as
the proprietor thereof pursuant to a cert. of purchase No. 0900 dated 20 th May 1999 issued by the
minister under section 8 of the EPA, 1982. Therefore the current owner as reflected on the title is
Dodoviko Mwanje .
Under section 3 of the Assets of Departed Asians Act all properties and businesses of departed
Asians vested in the government of Uganda without any further authority. By section 13 of Assets
of Departed Asians decree 1973, such assets were transferred to DAPCB for management.
Upon the enactment of Expropriated properties Act cap 87 such properties were transferred from
DAPCB to the government and managed by minister responsible for Finance see section 2. Thus
In GOKALDAS LAXIMIDAS TANNA V Sister Rosemary Muyinza SCCA No. 121of 92, held that
property which section 1 of EPA 1982 (Now section 3 cap 87) declared as remaining vested in
government by section 3 of Assets of Departed Asians which was transferred to DAPCB by section
13 of the 1973 Decree is Expropriated‖ and vest in the government. Thus in Victoria Tea Estate V
James Bemba civil appeal No. 49/96, held that once proved that property was expropriated, it
becomes the statutory property of the government and any further dealings therein are nullified.
The power to deal with expropriated property was / is vested with the Minister who had powers,
interalia, to sell it and issue a purchase certificate, which is a registrable instrument…..see s. 9 of
EPA. Once the purchase certificate is delivered to and registered by the Registrar, the purchaser
becomes the proprietor of the land. MWANJE who was registered by virtue of a certificate of
purchase issued to him by the minister is the current owner.
Issue 2
Whether transfer to Mwanje was fraudulent
Fraud connotes acts of dishonesty in dealing with or in land. The authority for this proposition
comes handy in Zaabwe‘s case…. Similarly in Edward Musisi v. Grindlays Bank (U) Ltd. and Others
(1983) HCB 39 where court observed that title obtained through fraud is that obtained through
acts of dishonesty.
103
Any certificate of title obtained by fraud is void ab initio…see s.77 of the RTA. However, it should
be the fraud of the registered proprietor or his agent directly or indirectly which can cause such
impeachment of title…. Per Wambuzi, Cj, as he then was in Kampala Bottlers (U) Ltd V Damanico
Supra. Thus in Hotel international Ltd v the administrator of the Estate of Robert Kavuma SCCA No.
3 of 95, Fraud means actual fraud by the registered proprietor whose title its sought to impugn
Under section 92(1) RTA, it is only the proprietor of land or lease or duly authorized agent who
may transfer the same. Under section 2(1) of the RTA any law affecting land under the operation
of the RTA shall be void so far as is inconsistent with the RTA except where such law is expressly
enacted to the contrary.
Expropriated property vested in government automatically by law without any need for the
former owner to sign a formal transfer and it became a statutory property of the
government…..see s 3 of The Assets of Departed Asians Act .. This is an exception to the principle
that only the proprietor or his agent can transfer land under s. 92 of the RTA as EPA was
specifically enacted to deal with expropriated property hence RTA does not apply to it to the at
extent…see s. 2 RTA.
Once property was expropriated, any further dealings therein are nullified except dealings by or
with the minister……see s. 2(2) of EPA cap 87. Thus in Victoria Tea Estate V James Bemba civil
appeal No. 49/96, held that once proved that property was expropriated, it becomes the
statutory property of the government and any further dealings therein are nullified.
The Act gives the Minister for finance exclusive power to deal with the property. The minister has
power to sell and issue a purchase certificate which directs the Registrar to transfer the Land to
the purchaser….. see section 9 of the Act.
In the present case, mwanje purchased from the government the lease which was a statutory
property of the Government. This purchase and transfer is sanctioned by law and does not
connote fraud merely because Kassanali did not authorise the transfer. Indeed government
being the statutory owner did not need any authority from Kassanali before selling and
transferring to Mwanje. Therefore the transfer to Mwanje is not fraudulent.
Issue 3
Whether Kassanali can recover the land from Mwanje
No action for ejectment or recovery of land lies against the registered proprietor except for fraud
under section 176 (c) of RTA. It has already been determined that Mwanje was registered without
any fraud hence this action cannot be sustained. This is so because on the authority of Kampala
Bottlers V Damanico SCCA NO. 22 OF 1992, fraud must be attributed to the transferee directly or
by necessary implications, which is not the case here. Similarly in Hotel international Ltd v the
administrator of the Estate of Robert Kavuma SCCA No. 3 of 95, it was held that fraud means
actual fraud by the registered proprietor whose title its sought to impugn
Issue 4
Whether Kassanali has any remedy
ACTION FOR COMPENSATION
Under section 12 of EPA any person deprived of property by the minister‘s decision is entitled to
compensation. The principle governing the award of compensation was stated by the
Constitutional Court in Pyarali Abdul Rasul Esmail V Adrian Sibo Constitutional Petition no. 9 of 97
where Twinomujuni, J.A., held that for compensation to be reasonable, it must be assessed at
market value at the date of judgment. This accords with the spirit of article 26 of the Constitution
which provides for fair and adequate compensation before any lawful deprivation of property.
104
Thus Kassamali is advised to resort to compensation from Government instead of recovering the
land from Mwenje since the transfer was proper without fraud. If government fails to compensate
him, the he can sue for compensation since under article 26 (2) of the constitution no person shall
be deprived of property (land inclusive) unless that person has been adequately compensated.
PURCHASING THE LAND FROM MWANJE THROUGH NEGOTIATION

In the alternative but without prejudice to the foregoing Kassamali can negotiate with Mwanje to
buy the land back from the latter if he is willing to sell.
Issue 4
Procedure for enforcing the remedy
 First give government statutory notice of 45 days to pay compensation for the
deprivation… See s.2 of the Civil Procedure and Limitations (Misc. Provisions) Act
 If government is adamant you can then appeal against the Minister‘s decision to the High
Court under section 15 of EPA after the expiration of the 45 days. The appeal is by way of
an ordinary suit by presenting a plaint under O.4 R.1 CPR
 The plaint should be accompanied by a summary of evidence, list of witnesses, authorities

and documents to be relied upon under O.6 R.2 CPR.
 Serve the defendant, who in this case is the Attorney General, with summons to file a
defence under O.5 R.I CPR
 The file on record an affidavit of service of summons on the defendant as required by O. 5

R. 16 CPR.
DOCUMENTS
- Statutory Notice to the Attorney General
- Plaint
- Summary of evidence, list of witness, list of docs and list of authorities
- Summons to file a defence
- Affidavit of service of summons
NB DRAFT THEM
Qn. 1 2004 /5
Brief facts
Moses Kaweesa, the proprietor of land comprised in Kyaggwe block 20 plot No. 216, granted a
lease of 49 years to Godfrey Musisi on 2/1/98. Musisi was to establish a farm and stock with 50
heads of Fresian cows, build on the firm a modern dip and dam for watering animals. He also
covenanted not to rear pigs on the demised land, not to consume or sell alcohol thereon. The
annual rent was shs 20,000 payable on 2nd day of January each yr. Musisi paid the premium of shs
10million. The lease agreement was duly executed and registered. Musisi started rearing pigs and
didn‘t construct a dip or dam. After 3yrs, he refused 2 pay any rent. Kaweesa has come for legal
advise.
Issues
1. Whether Musisi has breached any terms of the lease
105
2. Whether there is any remedy available to Kaweesa
4. What is the procedure for enforcing above remedy
5. What are the necessary documents required for enforcing the remedy
Law Applicable
- The constitution of Uganda 1995
- The Judicature Act Cap 13
- The RTA cap 230
- The CPA cap 71
- The CPR S1 71-1
- Case law
Issue I
Whether there was breach of the lease
Failure to observe the terms of a lease amounts to breach of the lease agreement. Under section
102 of the RTA, a lessee must pay the rent that was agreed upon. It must further be noted that
changing the user of the demised land amounts to a fundamental breach going to the root of
the lease. Thus in Namayanja V DAPCD 1986 HCB 74, where the D, changed the user of the land
from ―residential purpose only‖ as was in the lease agreement to a school, and also failed to pay
rent. Ekirapa J held that D had disobeyed and was guilty of fundamental breach of the contract
that the plaintiff was entitled to all the reliefs sought.
Further in Francis Butagira V Deborah Namukasa 1992 -93 HCB 98, where the appellant was in
breach of the lease including payment of the reserved rent, the Supreme Court held inter alia
that the appellant was guilty of breach of contract.
In the present case, the land was demised to Musisi as a farm, erect on it a modern dip and dam
for watering animals. Musisi covenanted not to rear rigs; he has refused to pay rent since 2001
and is now rearing pigs. Therefore he is in breach of the lease.
NB: Common areas of breach of a lease are by not paying rent and changing the user of the land
to pig rearing:
 Failure to pay rent reserved in the lease….s.102 RTA. Francis Butagira V Florence Namayanja
supra; Florence Namayanja V DAPCB supra; and Erukana Kuwe v Vasrambhai Damji
Damji SCCA No. 2 of 2002
 Changing the user of land… see Florence Namayanja v DAPCB, user was changed from
residential to school
 Keeping the premises untidy and in a non-tenantable condition….see s.103; ERUKANA

KUWE‟s case; Francis Butagira V Namayanja.
 Subletting or parting with possession of the whole or part of the land without the consent of
the lessor. See Erukana Kuwe: Francis Butagira; City Council of Kampala V Mukubira; and
City Council of Kampala V Mukiibi.
106
Its worthnoting that this last point / term should be expressed in the lease and can not be implied.
Therefore if it was not expressed, the lessee is free to sublet or sell the lease to another person.
Issue 2
What is the best remedy to Kaweesa
Forfeiture/re-entry
Under section 176 (b) RTA, a lessor can eject or recover land from a lessee in default. Thus where
a lesee fails to pay rent, and refuses to observe terms in a lease, expressed or implied, and the
breach has continued for 30days, the lessor has Powers to re enter upon and take possession of
the leased property. The remedy otherwise called forfeiture is manifested in two (2) ways namely
By taking physical possession of the land failing which the re entry is ineffective as per Ongom J
in Kasaja V Registrar of Titles 1992 4 KALR- However constructive possession by the lessor shall
suffice if for instance the lessor has ejected the lessee and has put on the demised land another
person under an arrangement with him even if that third party was initially brought on the land
by the lessee as was held by the Supreme Court in Erukana Kuwe v Vasrambhai Damji Vader
SCCA NO. 2 of 2002
One can also petition court for an order determining the lease and vacant possession. Thus in
Namayanja V DAPCB (supra) where the suit was brought, interalia, for determination of the lease
for breach of contract, Ekirapa J granted all the prayer for vacant possession holding that the
Defendant disobeyed and was guilty of fundamental breach of the contract.
As between the parties a lease is effectively terminated when a lessor makes a lawful re-entry
even if the reentry isn‘t endorsed in the register Book.–see Lugogo coffee Co. (U) Ltd V Singo
combined coffee growers Ltd Civil suit No. 554 of 1973
In the present case, Kawesa is advised to sue Musisi seeking an order for reentry (forfeiture),
determination of the lease and payment of arrears of rent.
Issue 3
Jurisdiction of Court
Civil courts exercise jurisdiction subject to their pecuniary limits under section 4 of the CPA.
Consequently chief magistrate can hear a suit whose pecuniary limit does not exceed 50m,
Grade one 20m and grade two 500,000 as per section 207 of MCA as amended by Act No. 7 of
2007.
The high court enjoys unlimited jurisdiction over all matters in Uganda by virtue of article 139 of
the constitution and section 14 of the Judicature Act. Moreover the power to order cancellation
of title is granted to the High Court by virtue of section 177 of the RTA
Accordingly I would prefer the forum of this matter to be the High court.
Issue 4
Ordinary rules and practices of CPR apply to proceedings under the RTA – see 188 RTA.
Consequently, the following is procedure for obtaining vacant possession by Kaweesa.
107
 Firstly give the defendant Musisi notice to vacate the demised premises within the time
provided in the lease, if any.
 If Musisi does not vacate as demanded institute a suit against him by a plaint under Order 4
r.1 CPR.
 The plaint must be accompanied by brief summary of evidence, list of witnesses, list of docs
and list of authorities -0.6r.2 CPR.
 Serve Musisi, the defendant herein, with summons to file a defence as required by section
20 CPA and 0.5r.1 (1) CPR. This service must take place within 21days from the date of
issue of the summons unless the time has been extended – see 0.5 r.1(2) CPR lest the suit
shall be dismissed without notice -0.5r.1 (3) CPR
 Ensure that you have on record an affidavit of service of summons within the meaning of O.
5 R. 16 CPR
 The D is required 2 file defence within 15 days 4m the date of serve of summons unless court
has granted leave extending the time see 0.8 to 9 CPR.
 The suit shall then be set down 4 hearing either by parties or by court issuing hearing notice
see 0.9 rr11 and 13CPR respectively.
DOCUMENTS
 Notice to vacate the land
 Plaint
 Summary of evidence, list of witnesses, authorities and documents
 Summons to file a defence
PROBLEM NO.4 2009 / 2010

Part A
Brief Facts
Kityo is the registered proprietor of a lease comprised in LRV 1132 Folio 15 Plot 10 William Street,
Kampala granted by KCC in 1985 for 49 years on which he constructed a commercial building.
On 2nd Jan, 2000, he agreed with Sky Club Ltd for the latter to use the premises for 15 years at 15,
000,000 USHS per annum payable every first day of January; the company agreed not to use the
premises for immoral purposes; not to sublet or part with possession of the property without the
prior written consent of Kityo. The company desires to appear on the title.
Issues
1. What transaction can the parties enter into in the circumstances
2. What is the procedure and documents necessary for completing the transaction
3. How can the company be reflected on the certificate of title
Law applicable
 The Land Act cap 227
 The RTA cap 230
 The Local Government Act cap 243
 Common law and Doctrines of Equity
108
 Case law

Issue 1
Nature of the relationship parties can enter into
Parties may enter into a sub lease. I.e. Kityo grants Sky Club Ltd exclusive possession of the
premises for 15 years…see s.3 (5) of the Land Act. Under s. 112 of the RTA, provisions applicable to
leases apply to subleases. This means that the usual covenants in a lease may also be implied
into the sub lease.
Issue 2
Procedure of creating the sub lease
Since provision applicable to leases also apply to sub leases, the sub lease should be in writing
since its period is 15 years….s.101 RTA.
The agreement must be signed in Latin character and duly attested… see ss.148 and 147 of RTA.
According to Katureebe JSC in Zaabwe V Orient Bank & 5 Ors (supra), any instrument which is not
singed and attested in the manner aforesaid is significantly defective and should not be
registered by the registrar.
The sub lease agreement should be registered in order to pass interest therein to Sky Club
Ltd….s.54 of RTA. In Katarikawe V Katwiremu 1977 HCB 210, it was held that unregistered
instruments do not pass any interest in the land but act as a contract inter parties which is
enforceable by specific performance.
Once the requisite fees and duties have been paid, the registrar shall register the sub leas and
enter its memorials in the sub lease register.
Documents include
Sub lease agreement
NB: Draw the agreement

THE REGISTRATION OF TITLES ACT CAP 230
SUB LEASE
THIS agreement is made this …….. day of ………….. 2010 by and between
KITYO of c/o P.O. Box 7117 K‘la (hereafter called the sublessor which expression shall where the
context admits include his assigns and successors in title) of the one part.
AND
SKY CLUB LTD of c/o P.O. Box 7117 K‘la (hereafter called the sublessee which expression shall
where the context admits include his assigns and successors in title) of the other part.
WHEREAS
1. The sub lessor is the registered proprietor of the land comprised in LRV 1132 Folio 15 Plot 10
William Street, K‘la (hereafter called the land).
2. The sub lessor is willing to sub lease the said land to the sub lessee.
3. The sub lessee is willing to take the sub lease on such terms and in such manner as hereafter
set out
109
IT IS NOW AGREED AS FOLLOWS:
1. That in consideration of Ushs. 15,000,000 (shillings fifteen million) agreed to be paid by the
sub lesse to the sub lessor, the latter hereby sub leases the said land to the sub lessee for a
period of 15 years.
2. That the consideration aforesaid shall be paid annually every first day of January on the sub
lessor‘s account in Centenary Bank, K‘la.
3. The sub lessee shall use the demised premises only for commercial purposes and shall not
use or permit the premises to be used for any immoral purposes.
4. The sub lessee shall not sublet, assign or part with possession of the whole or any part of the
premises hereby demised without the prior written consent of the sub lessor.
5. The sub lessee hereby covenants that in the event of breach of all or any of the provisions of
this sub lease hereby granted, the sub lessor shall be entitled to re enter the demised
premises provided such breach has continued for a period of 15 days from the date of its
occurrence.
6. The sub lessor undertakes to grant exclusive possession of the demised premises to the sub
lessee for the period herein agreed and hereby assures the sub lessee of quiet possession
and enjoyment of the premises herein sublet.
7. The parties have agreed that all the usual terms implied into a lease shall apply to this sub
lease provided that such implied terms are consistent with the express terms herein.
8. The parties hereto shall be jointly responsible for the expenses and / or charges connected
with the execution of these presents save for such expenses as may be incurred for the
purpose of registering the sub lease which shall be borne by the sub lessee.
IN WITNESS WHEREOF, the parties hereto have hereunto appended their respective hands the
day and year first above written.
Signed by the said KITYO at K‘la this …. Day of ………. 2010
……………………………..
SUB LESSOR
Singed and sealed by and on behalf of SKY CLUB LTD this ………day of ………………. 2010
………………………………………….
SUB LESSEE
ALL IN THE PRESENCE OF:

……………………………………
ADVOCATE
Drawn by:
Law dev‟t centre
P.o.box 7117
Kampala.
110
Issue 3
How can the company be reflected on the title
A sub lease is an encumbrance on the leasehold title. Accordingly, it is endorsed by the registrar
on the lease hold title under s.110 of the RTA.
PART B
Brief Facts
Sky Club Ltd has sub let part of the premises to Cool Pub and there is heavy presence of
prostitutes on the premises at night. The roof of the building is leaking, drainage system has failed
and the company had not paid rent for 1year. Kityo informed the company that he had
terminated the agreement and entered into another agreement with Patel to sub let the
premises. The company has now chased away Cool Pub; prostitutes no longer hang out at the
premises; the building is now very clean; and the company has paid rent two weeks ago.
However, Kityo has evicted the company through Kali Auctioneers and Court Baailiffs.
Issues
1. Whether there was breach of the sub lease by sky club Ltd
2. Whether Kityo had effectively re-entered the land by asking the company to move out and
agreeing to sub let to Patel
3. Whether Kityo was entitled to re enter the premises after the company had paid rent and
complied with other terms
4. What remedy is open to the parties
5. What is the forum, procedure and documents involved in the process
Law applicable
 The RTA cap 230
 The Local Government Act cap 243
 Common law and Doctrines of Equity
 Case law

Issue 1
Whether the company breached the sub lease
The rent was in arrears for one year contrary to s.102 of the RTA which requires the lessee to pay
the reserved rent. Thus in Francis Butagira V Namukasa (supra), it was held that failure to pay rent
is breach of the lease agreement…same view was upheld in Erukana Kuwe‟s case; and Florence
Namayanja V DAPCB
The premises had leaking roof and the drainage system was not working contrary to s.102 of the
RTA which requires the premises to be kept by the lessee in good and tenantable condition. In
ERUKANA KUWE V VASRAMBHAI DAMJI VADER SCCA NO. 2 OF 2002, it was held that failure to
keep the premises in good and tenantable state is breach of contract… Same was expressed in
Francis Butagira V Florence Namayanja
The company also sub let the premises to Cool Pub without the written consent of Kityo contrary
to the lease agreement. In ERUKANA KUWE V VASRAMBHAI DAMJI (supra), where the parties
covenanted that the lessee would not sublet or part with possession without the consent of the
111
lessor. In subletting without the lessor‘s consent, it was held that the lessee was in breach of the
lease… see also City Council of Kampala V Mukiibi; and City Council of Kampala V Mukubira.
Accordingly, by not paying rent as well as keeping the roof leaking with the drainage system not
working and using the premises for immoral purposes and subletting without the consent of Kityo,
the company is in breach of the sublease.
Issue 2
Whether Kityo had re entered upon breach by asking the company to move out and agreeing to
sublet to Patel
Re entry is effected by taking physical possession of the land or by commencing an action in
court for termination of the lease and an order of vacant possession… This principle which is well
established was stated in Kasaja V Registrar of Titles 1992 4 KALR- and cited with approval in
Erukana Kuwe‟s case
However constructive possession is sufficient provided the lessor ejects the lessee and puts on the
premises a third party who is directly answerable to the lessor as was the case in ERUKANA KUWE‟s
case.
Re entry must be registered but as between the lessee and the lessor the re-entry is effective the
moment the lessor takes physical possession or obtains an order of vacant possession. Thus in
Lugogo Coffee Co. Ltd V Singo Combined Growers Ltd 1976 HCB 92, cited with approval by
Wambuzi CJ, as he then was, in The Executrix of the Estate of the Late Christine Mary N. Tebaijjuka
V Noel Grace Shalita Stanzi SCCA No. 2 of 1988, Nyamuchoncho J., held that as between the
lessor and lessee the lease is determined by the lessor‘s lawful re entry.
In the present case, Ktyo did not take physical possession of the land nor did he commence an
action against the company for termination of the sublease and an order of vacant possession.
He only asked the company to move out of the premises. Besides he entered into an agreement
with Patel to occupy the premises but the latter did not succeed. Therefore, Kityo did not re enter
the premises as required by law when the company committed the above breaches.
Issue 3
Whether Kityo was entitled to re-enter at a time when the company had complied with all its
obligations under the sub lease.
A lessor may re enter the demised premises if the lessee has failed to pay rent or to perform other
obligations and the breach has continued for 30 days or more….see s.103 of the RTA…. Any re
entry in accordance with this provision is lawful…. Thus in ERUKANA KUWE‟s case, the Supreme
Court held that the appellant lessee was entitled to lawful re entry since the respondent was in
breach of the lease by failing to pay rent, failing to keep the premises in good and tenantable
repair, and subletting without the consent of the lessor.
In the present case, Kityo ejected the company after it had repaired the roof and the drainage
system; it had also chased away the prostitutes; all the outstanding rent had been paid to Kityo
and it had removed its tenant cool pub from the premises. It therefore follows that at the time of
the re entry by Kityo there was no breach on the part of the company to warrant re entry hence
the re entry itself is unlawful and amounts to breach of contract by Kityo.
Issue 4
Remedies to the company for wrongful eviction by Kityo
112
RELIEF FROM FORFEITURE
It is resorted to by a tenant who is being evicted for not paying rent….s.25 of the Judicature Act.
However, the action for relief must be commenced before the lessor effectively re enters since
after the re entry, the lessee cannot eject him from the land. This is because it is only the lessor
who may bring an action to eject or recover land from a lessee in default and not vice versa….
See s. 176 (b) of RTA.
In FRANCIS BUTAGIRA V DEBORAH NAMUKASA (supra) cited with approval in ERUKANA KUWE‟s
case, it was held that once the lessor has re-entered the land the lessee cannot bring an action
to recover the land from him even if he is in default.
In the instant case, Kityo has already re entered the land and thus it is rather too late for the
company to eject him or recover the land from him.
ACTION FOR COMPENSATION.

A person deprived of land or any interest therein is entitled to be compensated by the person
who has caused the deprivation….see s.178 of the RTA
Under article 26 of the constitution, a person is entitled to fair and adequate compensation for
deprivation of property. According to Twinomujuni J A., in PYARALI ABDUL ISMAIL V ADRIAN SIBO
Constitutional Petition No.9/97, for compensation to be reasonable, it must be assessed at market
value at the date of judgment or trial between a willing buyer and a willing seller.
In the instant case, since the company cannot recover the land, it is entitled to compensation for
wrongful eviction the measure of which is the fair market value of the lease for the unexpired
period in addition to damages for breach of contract.
Issue 5
Forum, procedure and documents
Jurisdiction of Court
2007.
The high court enjoys unlimited jurisdiction over all matters in Uganda by virtue of article 139 of the
constitution and section 14 of the Judicature Act.
In the case at hand, the value of the subject matter shall exceed 50,000,000 since the lease is
remaining for 6 years. Accordingly I would prefer the forum of this matter to be the High court.

 Ordinary rules and practices of CPR apply to proceedings under the RTA – see 188 RTA.
Consequently, the following is the procedure obtaining the order of compensation.
 Firstly give Kityo notice of intended suit unless he pays the company compensation within a
given time.
 If Kityo is adamant,institute a suit against him by a plaint under Order 4 r.1 CPR.
 The plaint must be accompanied by brief summary of evidence, list of witnesses, list of docs
and list of authorities -0.6r.2 CPR.
 Serve Kityo with summons to file a defence as required by section 20 CPA and 0.5r.1 (1) CPR.
This service must take place within 21days from the date of issue of the summons unless
113
the time has been extended – see 0.5 r.1(2) CPR lest the suit shall be dismissed without
notice -0.5r.1 (3) CPR
 Ensure that you have on record an affidavit of service of summons within the meaning of O.
5 R. 16 CPR
 The defendant Kityo is required to file defence within 15 days 4m the date of service of
summons unless court has granted leave extending the time see 0.8r.2 CPR.
 The suit shall then be set down for hearing either by parties or by the plaintiff or court taking
out or issuing hearing notice see 0.9 rr.11 and 13CPR respectively.
DOCUMENTS
 Notice of intention to sue
 Plaint
 Summary of evidence, list of witnesses, authorities and documents
 Summons to file a defence
114
PLAINT
LAND DIVISION
CIVIL SUIT NO. 30 OF 2010
SKY CLUB LTD::::::::::::::::::::::::::::::PLAINTIFF
VERSUS
KITYO ::::::::::::::::::::::::::::::::::::::: DEFENDANT
PLAINT
1. The plaintiff is a company duly incorporated in Uganda whose address for the purpose of
this suit is c/o Firm E & Co. Advocates P.O Box 7117 K‘la.
2. The defendant is an adult male Ugandan believed to be of sound mind and the plaintiff‘s
counsel undertakes to effect service of court process upon him.
3. The plaintiff‘s claim against the defendant is for damages for breach of a sublease
agreement and costs of the suit.
4. The cause of action arose as follows

a) That on the 20th day of January, 2000, the defendant agreed to sublease the
property comprised in LRV 1132 Folio 15 Plot 10 William Street, K‘la to the plaintiff
(copy of the agreement is attached hereto as Annexture A)
b) That the plaintiff has at all material times observed the covenants stipulated in the
sub lease and at no time had it been warned of any breach as to warrant an
action for re entry.
c) That in or around December, 2009, the defendant through Kali Auctioneers and
Court Bailiffs wrongfully evicted the plaintiff from the suit property and accordingly
unlawfully re entered the same.
d) That the defendant‘s actions, commissions and / or omissions in perpetrating the

matters aforesaid was done with the intention of putting the plaintiff‘s business at
jeopardy, same and ridicule as it was impossible to find an alternative
accommodation within a short notice.
e) That as a result of the actions, commissions and / or omissions of the defendant

aforesaid, the plaintiff has been put out of business due to lack of space.
5. The plaintiff shall aver that the said re entry was unlawful in so far as it was calculated to
deprive the plaintiff of the land.
6. That plaintiff shall further contend that such unlawful re entry by the defendant in fact
caused it deprivation of the suit property.
7. That it shall be contended by the plaintiff that it has been subjected to extreme loss and
hardships as a result of the breach for which it shall hold the defendant liable in damages.
8. Notice of intention to sue was duly communicated to the defendant who obstinately
ignored it.
115
9. The cause of action arose in K‘la within the jurisdiction of this Honorable Court.
Wherefore the plaintiff prays for judgment against the defendant for—
a. A declaration that the purported re entry was / is unlawful.
b. An order that the defendant pays compensation of Ushs. 300,000,000 (shillings three
million).
c. General damages
d. Costs of the suit.
Dated at K‘la this …..day of ……………… 2010
………………………..
PLAINTIFF‟S COUNSEL
Drawn by:
Law dev‟t centre
P.o.box 7117
Kampala.
NB: DRAFT OTHERS
Qn. 1 2002/03
Brief facts
Betty Namyalo was registered proprietor of land comprised in Kyadondo Block 255 Plot No. 367
Mayuge. Her brother Joseph Nsubuga forged her signature and transferred the land in his names
which he duly registered on 20th .11. 2001. Joseph then transferred the land to his daughter Hurriet
Nansubuga as a gift. Betty Namyalo has discovered these facts now and seeks to recover the
land
Issues.
1. Whether Nsubuga acquired any title in the land
2. Were Nansubuga derived good title from Nsubuga
3. Whether Betty can recover the land from Nansubuga
4. Which court has jurisdiction to entertain the claim
5. Was is the procedure and documents necessary for enforcing the remedy in (3) above
Law Applicable
 The constitution of Uganda 1995 as emended
 The RTA cap 230
116
 CPA cap 71
 The CPR S I 71-1
 Case law
Issue 1
Whether Nsubuga acquired good title to the land
Any certificate of title procured by fraud is void……see section 77 of the RTA. Thus in Edward
Musisi v. Grindlays Bank (U) Ltd. and Others (1983) HCB 39 where court observed that title
obtained through fraud is that obtained through acts of dishonesty. Similar sentiments were
echoed by the Supreme Court in Zaabwe‟s case to include any form of deceit, untruthfulness
and dishonesty
In the instant case Nsubuga forged Betty‘s signature and transferred the land to himself which by
no means is fraud. It follows that his title to the suit land is VOID.
Issue 2
Whether Nansubuga derived good little from Nsubuga)
A certificate of title is a conclusive evidence of proprietorship and can only be impeached for
fraud… s.59 of RTA. For title to be impeached on account of fraud, it must be the fraud of the
registered proprietor… see Kampala Bottlers (U) Ltd V Damanico supra.
A person registered through fraud prima-facie passes void title…see s. 92 (2) RTA. However, such
a person may pass good title only to a bonafide purchaser for value without notice –see section
181 RTA. The elements which constitute a bonafide purchaser were summarized by Odoki J (as he
then was) in Sempa Mbabali v Kidza and ors 1985 HCB 46 as follows: One is a purchaser of a legal
estate; He or she acted in good faith; He had no notice of the fraud or wasn‘t privy to any fraud;
and provided valuable consideration
It follows that a donee of land is not a bonafide purchaser for value because no valuable
consideration has flown from such donee to the donor. Thus in Sekabanja V Sajjabi 1983 HCB 54,
it was held that a registered proprietor who acquires title by way of a gift (volunteer) is not a
bonafide purchaser for value and therefore his title is not protected under section 184 (now
section 181) of the RTA. The land in this case was donated to the Defendant who later got a cert.
of title thereto.
More over contrary to section 147 RTA which requires an instrument like a transfer to be attested
to by specified persons and section 148 RTA which requires signature on such instruments to be in
Latin character, the transfer was signed by a commission agent and some signatures were
scribbled and not in Latin character. As observed by Katureebe JSC in Zaabwe‟s case such
irregularity is serious and the registrar is not supposed to register such transfer.
In the present case, Nsubuga transferred the disputed land to Nansubuga in consideration of a
gift. This makes her a volunteer and can‘t seek the protection of a bonafide purchase for value.
Accordingly, her title is void like that of her father Nsubuga.
117
Issue 3
Remedies to Betty
ACTION FOR RECOVERY OF THE LAND
Betty can bring an action to eject Nansubuga from the land and recover it under section 176 (c)
RTA, whereby land can be recovered from a person registered as a proprietor otherwise than as
a bonafide transferee for value without notice deriving title from a proprietor previously registered
by fraud. In Sekabanja v Sajjabi (supra), the title of the Defendant was cancelled because he
was a donee of the land and the land was returned to the person deprived. Also in Zaabwe‟s
case the court ordered the respondent to return the suit land to the appellant Zaabwe who had
been deprived of the land through fraud.
In the case at hand, Nsubuga who got registered through fraud transferred the land to
Nansubuga in consideration of a gift. Accordingly Nansubuga‘s title can be cancelled and land
returned to Betty.
ACTION FOR COMPENSATION.

This is in the alternative but without prejudice to the action for recovery of land above. See
section 178 of the RTA.
Issue 4
Jurisdiction of court
2007.
The high court enjoys unlimited jurisdiction over all matters in Uganda by virtue of article 139 of the
constitution and section 14 of the Judicature Act. Moreover the power to order cancellation of
title is granted to the High Court by virtue of section 177 of the RTA
Accordingly I would prefer the forum of this matter to be the High court
Issue 4
 Rules of civil procedure apply to proceeding to land under the RTA – see section 188 RTA.
Accordingly, Betty must institute the suit as follows
 Every suit shall be instituted by presenting a plaint to court –see 0.4r.1 CRR;
 It must be accompanied by a brief summary of the evidence, list of witness, list of authorities
and list of docs – see 0.6r.2 CPR;
 The Defendant (Nansubuga) must be summoned to file a defence see 20 CPA and 0.5r.1
(1) CPR. The summons must be served on Nansubuga within 21days from the date of issue
thereof unless the date is extended 0.5r.1 (2) CPR.
 If summons are not served within the stipulated time the suit shall be dismissed without
notice 0.5 r.1 (3) CPR;
 The plaintiff must ensure that there is an affidavit of service of summons on the record within
the meaning of O 5 R. 16 CPR;
118
DOCUMENTS
 Plaint
 Summary of evidence, List of witness, list of authorities, list of documents
 Summons to file a defence
NB DRAFT THEM
Qn.2: 2006 / 2007
Brief facts
Peter Achado lent Don mavule shs 60m payable by 31/5/2007 at interest rate of 20% P.a,
compounded monthly. Any installment unpaid shall attract further interest of 36% P.a
compounded monthly. Don deposited a duplicate cert. of title with Achado and an agreement
was executed by the parties which Achado duly registered on 3/6/2006. It permits the lender
(Achado) to invoke any remedy provided to him by law in the event of default. Achado has
never received any payment and seeks legal advise.
Issues
1. Whether a mortgage was created by the parties and if so, what type
2. Whether there was default by Don Mwanje
3. What is the best remedy to Achado
4. Which court has jurisdiction to hear the matter, if at all
5. What is the Procedure for realizing the above remedy (docs inclusive)
Law applicable
 The Constitution of the Republic of Uganda 1995
 The mortgage act cap 229
 The RTA cap 230
 The CPA cap 71
 The CPR S 1 71-1
 Common law and Doctrines of equity
 Case law
Issue 1
119
Whether there was mortgage
Mortgage is any mortgage, charge, loan agreement, whether legal or equitable, which
constitutes a charge over an estate or interest in a registered land…see s.1(b) Mortgage Act. Thus
according to the learned author of source book of Uganda‘s land law, John. T. Mugambwa at
P321 a mortgage is a transaction whereby a land owner uses his / her interest therein as security
for a loan.
A legal mortgage is created by executing a mortgage deed under section 115 RTA and
registering the deed under sections 116 and 54 of the RTA since no legal estate in land passes
until the instrument affecting it is registered in view of section 54 of RTA as well as Katarikawe V
Katwiremu 1977 HCB 187.
An equitable mortgage is executed when the registered proprietor of land deposits cert. of title
with the intent to create security thereon by virtue of section 129 RTA. Thus in Guaranty Discount
Co Ltd V Credit Finance Corporation Ltd and Anor (1963) E.A 349 at 362, sir Ronald Sinclair P said
that a deposit of the title deeds with the intent to create security gives an equitable charge.
Further in Nile Bank Ltd Uganda V Richard Desmond Kaggwa 2001 -2005 HCB 33 held that intent
to create security is the condition precedent and deposit of title is not enough. Lodgment of a
caveat on the title is a subsequent condition.
In the instant case, Don deposited his title and executed a loan agreement which was duly
registered. Therefore a legal mortgage was created
Issue 2
Whether there was default by Don
A borrower is in breach if he fails to pay or perform a term of the mortgage express or implied
and the default has continued for one month or such other time as the parties may expressly
agree in the mortgage s.116 RTA
For a default to occur the borrower must have failed to pay or perform other obligations of the
mortgage after notice has been given by the mortgagee… see s. 116 of the RTA. Thus in Epaineto
Mubiru V Uganda Savings and Credit Bank notice is mandatory.
However where the money was made payable on demand, such demand in writing made to
the mortgagor is sufficient notice to found a default under section 117 of the RTA and as was held
in General Parts (U) Ltd V NPART, in such a case, notice is not mandatory provided demand is
made in writing it is sufficient notice.
In the case at hand the loan agreement was registered on 31/06/2007 but since the agreement
Achado has not received any payment including the interest which was payable monthly.
Therefore here is breach on the part of Don but there is no default since Achado has not given
notice to pay to Don nor has he made a demand in writing to Don to pay.
1ssue 3
Best remedy to the mortgagee, ACHADO
Before determining the best remedy to the Achado, it is pertinent to analyze the remedies
avertable to the mortgage under the mortgage Act.
Suit by Achado
A mortgagee can sue the mortgagor on the covenant under section 2(1) a) of the Mortgage Act.
This means he shall sue to obtain a judgment whereafter he can apply for execution of the
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judgment since the security is already with Achado. It is an indirect way of realizing the security
and besides the suit may delay given our justice system today with backlogs hence a suit is not
ideal.
Appointment of a receiver
The mortgagee may appoint a receiver under section 3(a) Mortgage Act. However, the power to
appoint receiver by Achado must be expressed in the mortgage deed although the court can
appoint a receiver on application made to it by Achado. Beside the property mortgaged must
be a viable commercial venture let alone receiver‘s expenses and other charges. Facts do not
show the land is viable hence it is also not ideal.
Possession of the mortgaged property

The mortgagee (Achado) may possess the property upon giving to the mortgagor notice of his
intention to do so under section 7(1) Mortgage Act. The mortgagee must account to the
mortgagor for the income received; ensure the party in good order; is liable for insuring the
property; is not entitled to remuneration for personally managing the mortgaged property under
section 7(4) Mortgage Act. Accordingly this remedy is burdensome and is not the best.
Sale without recourse to court

Sale without recourse to court under section 10 of the Mortgage Act must be irrevocably
expressed by the parties in the mortgage deed as was held in Barclays Bank of Uganda ltd V
Livingstone Katende Luutu civil appeal no. 22/93. In the instant case, this express power wasn‘t
included in the agreement hence doesn‘t apply.
Foreclosure
Achado may also foreclose Don‘s right to redeem the land under section 8(1) of the Mortgage
Act. This is a process by which the mortgagor‘s right to redeem the property is finally extinguished
by court order.
Equitable mortgagee‘s best remedy is foreclosure upon an order of court but such equitable
mortgagee can avail himself of all the remedies available to a mortgagee concurrently provided
what is recovered doesn‘t exceed the value of the principal and the accumulated interest as
was observed in Barclay Bank DCO V Gulu Millers Ltd 1959 E A 540, also applied on Barclays Bank
of Uganda V John Hilton Northcote 1976 HCB 34; Charles Mayambala V UCB HC misc. cause No.
160/1981. That the best Remedy of equitable mortgagee is foreclosure under a contract order.
Accordingly Achado‘s best remedy is foreclosure upon court order.
Issue 4
Procedure
 First serve demand notice on the defendant demanding payment of the outstanding
principal together with accumulated interest. If the defendant doesn‘t pay within 30days,
then a default shall occur.
 Then institute a suit by originating summons supported by an affidavit returnable before a

judge and heard exparte. see 0.37 rr.4 and 8(2) CPR
 The summons must be accompanied by a brief summary of evidence, list of witnesses,

authorities and documents provided under order 6 rule 2 CPR. This is because justice AKIIKI
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KIIZA held in HON. Remmy Kasule V HON. Jack Sabiiti and 2 Ors HCCS NO. 230 of 2006 that
order 6 rule 2 is mandatory and that it must be strictly complied with.
Docs include
 Demand notice
 Originating summons
 Affidavit supporting the summons
 Summary of evidence, list of witnesses, documents and authorities
Demand notice
Firm E and Co Advocate

P.O. Box 71217
Kampala
Don Mwaule
P.O.Box 522
Jinja
Demand Notice
We act for and on behalf of Achado of P.O.Box 1 Kaberamaido (hereafter called mortgagee)
from whom we have instructions to address you as here under
That on 1st day of June 2006, the mortgagee lent to you a sum of Ushs 60million payable by 31st
May 2007 with stipulated provisions on accumulated interest as expressed in the mortgage deed.
That the said loan was secured by your land comprised in LRV 2121 Folio 24 plot No. 16
Semawata road Ntinda Kampala. You have since failed, neglected and or refused to pay the
whole principal sum together with the accumulated interest despite several reminders from the
mortgagee to do so.
Now we have instructions to demand, which we hereby do, that you should pay the outstanding
loan together with all the accumulated interest accruing thereon within 7days from the date
hereof.
Should you do otherwise than herein demanded, we have further instructions to foreclose your
security aforesaid in addition to any other reliefs available to the mortgagee in law to recover the
loan at your own peril and colossal costs.
We shall not give you any further warnings in future on this matter
Dated at Kampala this …………… day of ……………2008

__________________________
Mortgagee‟s counsel
Drawn by:
P.O Box 7117 Kampala
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Originating summons
123
MISC. APPLICATION NO……… OF 2009
PETER ACHADO…………………………..PLAINTIFF
V
DON MWAULE ……………………………DEFENDANT
ORIGINATING SUMMONS
(Arising out of a mortgage)
TO:
DON MWAULE
P.O.BOX 522, JINJA.
Whereas the above named plaintiff, Petero Achado of P.O.Box 1, Kaberamaido, who claims to
be interested in the above named matter as a mortgagee has applied for the determination of
the following questions.
1. Whether the duplicate certificate of title deposited by the defendant in respect of land
comprised therein and the execution of a mortgage deed by the defendant and duly
registered by the plaintiff in respect of a loan of shs 60m advanced to the defendant by the
plaintiff created a legal mortgage
2. Whether there was default by the defendant
3. Whether Don‘s equity of redemption can be foreclosed
You are required if you desire to be heard on the determination of any of the question, to appear
personally or by advocate at Jinja at 9:00 o‘clock in the forenoon when this court will proceed to
make such orders, whether by way of declaration or otherwise, as the court may think just and
expedient.
Dated this …………….day of …………………2009
………………………..
Judge
NB DRAW THE REMAINING DOCUMENTS
- Mortgage borrows money 4m the bank (mortgagee). The mortgagee needs more money
for the Co. required further security. The MD of mortgage Co. advances his personal
building
- Phrases
- And in consideration of the mortgagee
- I hereby mortgage the new party should secure the first party
124
- Devajnes V noble 35 ER 769 they sule in elaytoris case otherwise called the daytoris case:
principle: in the absence of an apples agreement to the contrey, the sum first paid in and
the first drown is desclerged reduced by the first item on the credit side
- Fredrick Zaabwe V Orient Bank party and 5 org. Icca No. 4/2006
- Banks are now reluetent to accept powers of attorney
- Mortgage and further charge
- In consideration of sum of 1.5m advanced 2 BH Ltd and in consider of exist of facilities
enjoyed by XYZ Ltd at the filicidal insistence of the mortgage, the mortgages hereby
mortgage hereby mortgage the respective parties
- In consideration of a sum of r…. advanced to the beneficiate by XY2 ltd of the special
instance of the vender, I hereby mortgage
- In UCB U Bushu year, title was deposited in the bank to secure money bank didn‘t lodge a
covert since the title had been stlen. Court found that true there was a mortgage
between the remedy of foreclosure wasn‘t available since the security wasn‘t in the
ended of the bank
- G.M combined UAK Detergents
Commercial transactions
Qn. 2 2004/2005
Brief facts
Star foods Ltd. Is a private company incorporated in Uganda for exporting fish to India and
Europe with share capital of shs. 400 million but only 300 million is paid up. The
directors/shareholders are Robert Male, Goodman Nkejje, Fred Mamba, Nelson Mukene and
Jennifer Namputa. The company is under capitalized and wants to raise its capital to 500 million.
Issues
1. What alternative sources of financing are available to Star Food Ltd.
2. What procedures should Star Foods Ltd. follow in order to make a public offering of its
securities.
3. What is the role(s) of the various players in (2) above.
Law applicable
- The companies Act cap 110
- The capital markets Authority Act cap 84
- The capital markets (prospectus requirements) regulations S.1 84-2
- The companies (fees) (amendment) rules 57 of 2005
- The stamps Act cap 342 as amended by Act no.12 of 2002
Issue 1.
Whether the company can increase its share capital
Under section 4(4) of the companies Act, a company proposing to register with a share capital
must state the amount of share capital with which it proposes to register divided into shares of a
fixed amount as was emphasized by the H.O.L in Ooregum Gold Mining Company of India V
Roper (1892) AC 125
Nevertheless, a company can raise capital by

 Increasing its share capital and issuing the same to persons the directors may approve.
Under section 63(1) of the companies Act, a company may if authorized by its articles,
increase its share capital by issuing new shares of such amount as it thinks fit by the
company passing an ordinary resolution in a general meeting…. See article 44 of Table A.
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If the articles do not provide for increment of share capital, the general meeting needs a
special resolution to increase the share capital
 The company can also raise capital by public issue of shares. Under section 29 of the
companies Act, a private company is not allowed to make a public offering of its shares.
However, a company may choose to go public by issuing a prospectus or statement in
lieu of prospectus to the registrar for registration under section 31(1) of the companies Act
after altering the articles to become a public company.
Issue 2.
Procedure for public offering of shares
In order to offer its securities to the public, Star Food Ltd. Should do the following:
 First ensure that the company is converted to a public company. What is the procedure?
Alter the articles by removing the restrictions on the public to subscribe for the shares of
the company…. See sections 30 and 31 of the Cos Act.
 A special resolution is needed to alter the articles of the company…see s.12 of the Cos
Act.
 Prepare a prospectus or statement in lieu thereof and deliver it to the registrar for
registration within 14 days after passing the special resolution…see s.31 of the Cos Act.
 The prospectus should be approved by the Capital Markets Authority before the Registrar
of companies registers the same as was held in KCC FC V CAPITAL MARKETS AUTHORITY
 Once the prospectus or statement in lieu thereof is approved by the Capital markets
Authority, the Registrar of companies shall register it…see s. 42 of the companies Act.
 Once a prospectus has been registered then Star Foods Ltd. will be free to issue its shares
to the public by making initial public offer (hereafter called IPO).
 Star Foods Ltd shall be free to list on the stock exchange to continue selling shares to the
public after the period of the IPO
Documents
 Special resolution for altering the articles of association to remove restriction on transfer of
shares to the public
 Prospectus or statement in lieu of prospectus
NB. Please draft them save for the prospectus which you can just describe the contents thereof in
as much as its impracticable to draft it for being bulky
Issue 3.
Role of the various players
The various players in the above process are;
 The issuer i.e. the company issuing the shares
 The capital markets Authority
 The brokers
 The investors i.e. buyers of the securities
 Investment advisers
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Roles
Issuer-Star Foods Ltd.
 Issuing a prospectus to the prospectus
 Issues shares to the public.
 Issues share certificates to the buyers
Capital markets authority

 Approves the prospectus
 Licenses securities brokers to coordinate between the investors and issuers of securities.
 Ensures proper standards of conduct and professionalism in the securities business.
 Ensures orderly, fair and equitable dealings in securities.
Brokers
 Maintain a clients account for purposes of dealing in securities on their behalf
 Coordinates the dealings between the issuers and the clients (investors)
 Buys securities from the issuers on behalf of the clients (investors).
Investors
 buy shares from the company
Written practicle exercises 2005/6

commercial transaction
Qn. 1 Brief facts
John Kizza, James Kalanzi and Kim Zubede wish to enter into a partnership to establish a private
secondary school under the name Saxmandum Academy. They intend to hold equal shares and
participate equally in running the school. The parties later wish to attain limited liability status.
Issues
1. Whether the parties have capacity to form a partnership
2. What are the necessary formalities, procedure and documents for the formation of
the partnership?
3. What fees and duties are payable?
4. What is the desirability of changing from partnership to a limited liability company?
5. What is the procedure and documents for effecting the change?
6. What is the fees and duties payable to achieve the change in 5 above?
Law applicable
1. Partnership Act cap 114
2. Companies Act cap 110
3. Business names registration Act cap 109
4. Registration of documents Act cap 81
5. Contract Act cap 73
6. Business names registration rules S.1 109-1 as amended by SI 53 of 2005
7. Registration of documents rules S.1 81-1 as amended by SI 55 of 2005
8. The stamps Act cap 342 as amended by Act no.12/2002
9. The advocates (remuneration and Taxation of costs) regulations S.1 267-4
10. The companies (General) regulations S.1 110-1
11. Case law and common law
Discussion
127
Partnership is a relationship existing between two or more persons to carry on a business in
common with a view of profits (see section 2(1) of the partnership Act).
Issue 1-parties capacity to form a partnership

The partnership Act does not define who can or cannot be a partner unless this can be found in
other laws e.g. in the case of a company the objects may not permit it to engage in the business
of a partnership. Accordingly, the various persons have the capacity to form the partnership.
Issue 2-formalities for forming a partnership

- Formation of a partnership does not require any formalities. This was stated in All Ports
Freight Service V Julius Kamanyi and Anor HCCS 409/1995 where it was held that a
partnership need not be established formally and in writing. It is sufficient to establish
that a community of interest exists between the parties.
- Thus a partnership may be formed orally, or in writing or inferred from parties conduct.
But it is advisable to have it in writing in the case of disputes and register it. This is
based on the authority of Kafeero V Turyagenda 1980 HCB 122, where it was held that
there is no need for registration of partnership deed but for evidential value, it is
imperative upon the members to register the partnership deed with the Registrar of
documents.
- However, every firm doing business in Uganda in a generic name shall have it
registered under the Act….see s.2 of Business Names Registration Act.
- The application is in a form prescribed by the Rules supported by statutory

declaration.
- The documents will be submitted to the register for assessment of stamp duty. After
paying the stamp duty and registration fees, the partnership will be registered and
certificate of registration issued to the partners.
- Since it is proposed to enter into the partnership under the name Saxmandum
Academy this name must be registered with the register of business names.
The documents required are;

 The partnership deed
 Application for registration of business name
 Statutory declaration
Before drafting the documents, the following further information should be furnished
 The place of business
 Commencement of partnership business
 Capital of the partnership and contribution of the partners
 Bankers and Bank accounts
 Sharing of profits and losses
 Partnership assets
 Admission of new partners and expulsion of existing partners.
 Death and bankruptcy of partners
 How disputes, if any, will be settled
 Winding up
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 Particulars of the partners etc.
Issue 3
Fees and duties payable
Stamp duty
- Partnership deed is 5,000
- Statutory declaration 5000
Registration of the name----Saxmandum Academy

See - Business names registration (amendment) rules 2005.
- Application to register a business name Ushs. 10,000

- Filing statements Ushs. 5,000
- Certified copy Ushs.10,000
Registration of partnership deed

See - Registration of documents (Fees) (Amendment) rules
 Registration of documents Ushs. 10,000

 Search Ushs. 2,000
 Certified copies Ushs. 5,000
Professional fees under Advocate (Rem & Taxation of costs)regulations

 Drafting per the folio 10,000
Issue 4.
Desirability of a corporate status
The desirability of limited liability status is that it is a person separate from its members with
capacity to own property, sue or be sued in its own name, has perpetual succession etc. as was
stated by the House of Lords in Salomon V Salomon 1877 AC 22 and codified in section 15(2) of
the companies Act.
It can also enter into contracts and raise more money by creating floating charge on its movable
assets, a privilege which partnership cannot avail itself.
It has perpetual succession despite the death of the members but a partnership dissolves on the
death, insolvency or incapacity of a partner.
However, members of a company cannot take part freely in the management of the same as is
the case with the partnership unless they become directors.
Further the running of a company is complex e.g. involves filing of the various statutory returns.
Nevertheless, the partners can convert from partnership to a limited liability company. They could
also incorporate trustees under the Trustees Incorporation Act save that the latter is more suitable
in respect of institutions of a public character which do not target profit unlike the partners in the
instant case who intend to share the profits
Issue 5
Procedure for incorporating a company
- The partners should voluntarily dissolve the partnership by executing a deed of
dissolution.
129
- Give notice of cessation of partnership to the registrar of business names as required
by rule 8 of the business names registration rules.
- Reserve a name for the proposed company…see s. 18 of the Cos Act.
- Draw the memorandum and articles of association and deliver it to the registrar of
companies for registration as required by section 14 of the companies Act.
- There must be a statement of normal capital for assessment of stamp duty payable
under the stamps Act.
- There must be a statutory declaration of compliance with the registration

requirements….see section 16(2) of the companies Act.
- After payment of the requisite stamp duty and registration fees, the memorandum
shall be registered and the subscribers become a body corporate separate from the
company which can now own property in its own name under s. 15(2) of the
companies act
N.B: The relevant documents are

 Deed of Dissolution
 Notice of cessation of business
 Reservation of company name
 Memorandum and articles of association
 Statement of nominal capital
 Statutory declaration of compliance
Issue 6
Fees & duties payable
Stamp duty…..Stamps (amendment) Act), 2002
 Dissolution of partnership 5,000
 Memorandum of association 10,000
 Articles of association 10,000
 Nominal capital 0.5%
 Statutory declaration 5000
Registration fees under the companies (fees) (amendment) rules S.1 57 of 2007
 Registration of memo & articles
Professional fees (advocates (remuneration and taxation of costs) regulation
 Drafting of memorandum and articles of association see the 4 th schedule to the
regulations
Documents for the Formation of the Partnership
IN THE MATTER OF THE PARTNERSHIP ACT CAP 114
THE PARTNERSHIP DEED
This PARTNERSHIP DEED made this……… day of…………., 2007 by and among John Kiiza (state the
address), James Kalanzi (state address) and Kim zubeda (state address) (hereinafter collectively
called ―partners‖ and individually called ―partner‖).
WHEREAS the above mentioned persons are desirous of forming and conducting business as a
partnership for the provision of private secondary education.
130
NOW THIS DEED WITNESSETH as follows
1. Partnership
Except as expressly set down hereunder, the partners hereby form a partnership which
shall be governed by the partnership Act cap 114 or such other laws as may be relevant
to partnerships.
2. Name
The firm‘s name shall be Saxmandum Academy
3. Place
The firm shall be situate at Plot 10, William Street, Kampala
4. Nature of Business
The firm shall be engaged in the business of providing secondary education for both ‗O‘
and ‗A‘ levels.
5. Commencement
The firm shall commence business on the 30th day of December, 2008.
6. Capital
The capital of the partnership shall be shs. 20,000,000 to which the partners shall contribute
equally.
7. Bankers
a) The firm shall open and operate account at DFCU or such other bank(s) as the
partners shall from time to time determine.
b) All cheques and other instruments drawn by or on the firm shall be signed by the
managing partner.
8. Management
a) The firm shall have a managing partner and an assistant who shall be appointed
by the partners from time to time.
b) All matter affecting or incidental to administration of the firm shall vest in the
managing partner and or the assistant except admission of new partners, change
of firm name dismissal of partners and amendment of the deed which shall require
the consent of all the partners.
c) Without prejudice to the forgoing, the partners shall have the right to participate in
the running of the firm
9. Property
a) All monies and other properties contributed by the partners towards the capital
shall cease to be the property of such partner upon such contribution and vest in
the partnership forth with
b) Notwithstanding the above, any property contributed by a partner to the firm for a
particular purpose shall revert to such partner upon the expiration of such purpose.
10. Profits and Losses

The profits and losses of the firm shall be shared by and among the partners equally.
11. Retirement and Expulsion
a) A partner shall be free to retire from the partnership provided the partner shall give
7 clear days notice of his or her intention to do so to the other partners and the
public.
b) No partner shall be expelled from the partnership unless such a partner given the
right to be heard and such expulsion, if any is promised on gross misconduct of
such partner.
12. Dissolution
Death, insolvency, lunacy, incapacity or otherwise of a partner shall not dissolve or cause
the partnership to be dissolved.
131
IN WITNESS WHEREOF, the parties hereto have hereunto appended their respective
signatures the date and year first above written..
Signed by 1. ……………………
JOHN KIIZA
2. ……………………..
JAMES KALANZI
3. ……………………..
KIM ZUBEDA
All in the presence of 1. …………………….

Witness
2. ……………………..
Witness
1. Application for Registration of Business Name

THE BUSINESS NAMES REGISTRATION ACT
Statement of particulars required to be given pursuant to the business names registration Act in
the case of a firm.
1. Business name to be registered – Saxmandum Academy
2. General nature of the business – private secondary school ‗O‘ and ‗A‘ levels.
3. Principal place of the business –-----plot 10, William street, Kampala
4. Present Christian name(s) and surname of each of the individuals who are partners –John
Kiiza, James Kalanzi and kim Zubeda
5. Former Christian names(s) and surname of each of the individuals who are partners –None
6. Nationality of each of the individuals who are partners –Ugandans
7. Usual place of residence of each of the individuals who are partners –unknown
8. Other business occupation (if any) of each of the individual who are partners –unknown
9. Date of commencement of business –-30th December,2008
10. Corporate name of each corporation which is a partner –none
11. Registered or principal office of each corporation which is a partner –none.
…………………..
John Kiiza
Dated this 22nd day of November, 2008
3) STATUTORY DECLARATION (Pursuant to S.7 of the business names registration Act cap 109)
I, John Kiiza of ………………………(state address) do hereby declare that the particulars
contained in the application for registration of the business name are true and I make this solemn
132
declaration conscientiously believing the same to be true and by virtue of the Statutory
Declarations Act.
Declared at Kampala this……….. day of………., 2010.

…………………………………
Declarant
Before me: ……………………….

MAGISTRATE
133
Documents for Converting the Partnership into a Company
DEED OF DISSOLUTION
THE PARTNERSHIP ACT CAP 114
DEED OF DISSOLUTION OF PARTNERSHIP
This deed is made this …….. day of …………….. 2010

BETWEEN
Kiiza, Kalanzi and Zubeda all of P.O Box 7117 K‘la (hereinafter collectively called the partners).
WHEREAS
1. The partners are desirous of dissolving the partnership with the view of incorporating a
limited liability company.
2. The said dissolution should take immediate effect.
IT IS NOW AGREED AS FOLLOWS:

1. That Saxmandum Academy which has been operating as a firm be and is hereby
dissolved with immediate effect.
2. That notice of cessation of business should be and is hereby given to the Registrar of
Business Names accordingly.
IN WITNESS WHEREOF, the partners have appended their respective hands the day and year first
above written.
_______________________
KIIZA (PARTNER)
__________________________
ZUBEDA (PARTNER)
__________________________
KALANZI (PARTNER)
1. Notice of Cessation of Business
To:
The Registrar of Business Names
Whereas we the undersigned registered under the number 08/2006 in the index of registration
have ceased to carry on business:
Now we give notice that we have ceased to carry on business as partnership as from the ….. day
of …………, 2010 except for the purpose of winding up the business.
Dated this………… day of…………………, 2010

…………………………..
John kiiza
134
…………………………
James kalanzi
……………………………
Kim zubeda
2) Memorandum of Association (find a precedent on MOA and draft a simple one for the
present company bearing in mind its objects. However, the memo and articles are
lengthy hence describing the contents of each suffices for drafting)
3) The Articles of Association (you can advise that the company adopts Table A of the
companies Act or draft one and state that Table A will apply where the AOA is silent.
Government of Uganda
In the matter of the stamps Act cap 342
And
In the matter of Saxmandum Academy Ltd.
Statement of nominal capital
I, Candia Alex of Firm E and Co. Advocates hereby declare and state as follows;
1. That I am an advocate of the High Court of Uganda engaged in the formation of
Saxmandum Academy Ltd.
2. That the nominal capital of the said Saxmandum Academy Ltd. is shs. 20,000,000 divided
as follows;
1000 ordinary shares of shs. 10,000 each
500 preference shares of shs. 20,000 each
Dated at Kampala this………… day of………, 2008
Signature …………….
Full name Candia Alex
Address Firm E & Co. Advocates
C/o LDC, P.O. Box 7117
Kampala
5) The companies Act cap 110

Declaration of compliance with the requirements of companies Act, an application for
registration of a company, pursuant to S.16 (2) of the companies Act.
Name of the company –Saxmandum Academy Ltd.

Presented by …. Candia Alex, Advocte
I, Candia Alex of Firm E and Co. Advocates do hereby declare that I am an advocate of the
High Court of Uganda engaged in the formation of Saxmandum Academy Ltd. and that all the
135
requirements of the companies Act regarding the matters precedent to the registration of the
said company and incidental thereto have been complied with.
And I make this solemn declaration conscientiously believing the same to be true and by virtue of
the provision of the statutory declarations Act cap 22.
Declared at Kampala this……… day of………., 2010
…………………………..
Declarant
Before me:
………………………………….
Commissioner for Oath
NB: DRAFT RESERVATION OF COMPANY NAME. SEE THE SUBSEQUENT SAMPLE.
Qn.
ASSUMING Hotel Holiday (U) Ltd. a private company incorporated to promote Tourism in Uganda
and Elgon mountaineering Ltd. is also a company formed for tourism purposes and the two
companies want to trade as a JOINT VENTURE. THEY AGREE AS FOLLOWS: ELGON shall nominate 2
Directors and Hotel Holiday Ltd. nominates 3 Directors totaling 5 FOR THE NEW COMPANY; One of
Elgon‘s nominees shall be the Deputy Managing Director and also want the company name to
be changed to include at least the word ―Elgon.‖
Issues
1. Whether the parties have the capacity to form a joint venture
2. What are the necessary formalities and documents
3. What are the necessary duties and fees payable
Law applicable
- The companies Act cap 110
- The contract Act cap 73
- The stamps Act cap 342
- The companies (General) regulations S.1 110-1
- The companies (fees) (amendment) rules S.1 57/2005
- The advocates (remuneration and taxation of costs) regulation S.1 267-4
- Case law
Issue 1 capacity of the parties to form a joint venture

A company in law is a body separate and district from its members as provided under section 15
(2) of the companies Act and the House of Lords in Salomon V Salomon 1877 AC 22 (per Lord
Macnaghten). Consequently, it has capacity to contract in its own name as was held in Lee V
Lee‟s Air Farming Ltd. 1961 AC 12.
However, the proposed contract must conform to the objects of the company as contained in
the memorandum of association. This is because according to Ashbury‟s Railway Carriage and
Iron Co. Ltd. V Richie (1875) L.R 7 H.L653 such a contract will be ultravires the company.
In the present case, the two companies are engaged in the business of promoting tourism in
Uganda. Accordingly, they can legally enter into a joint venture.
136
Issue 2 .
Formalities for forming joint venture
- The parties need a joint venture agreement which shall define the nature of their
relations, rights and liabilities and how the proposed joint venture will be run generally
- The parties should proceed to reserve a name for the proposed company as required
by section 18(1) of the companies Act, which should not be undesirable or offensive
since such name may be rejected as required by section 18 (2) of the Act and London
Overseas Trading Co. Ltd. V Raleigh Cycle Co. Ltd. (1959) EA 102.
- The parties should cause the memorandum and articles of association to be drafted
for the company and deliver them to the register for registration under section 14 of
the companies Act.
- There must be a statement of nominal capital for purposes of stamp duty as required
by the stamps Act.
- Then a statutory declaration of compliance with registration requirements must be
submitted by an advocate of high court engaged in the incorporation or a person
named in the articles as a director or secretary under S.16 (2) of the companies Act.
The documents should be submitted to the registrar for registration. Once the necessary fees and
duties are paid, the company will be duly incorporated and certificate of incorporation issued…..
see s.16 of the Cos Act.
The documents include;

 Joint venture agreement
 Reservation of company name
 Memorandum of association
 Articles of association
 Statement of nominal capital
 Statutory declaration of compliance
Issue 3
Fees & duties payable
Stamp duties payable under the stamps Act cap 342 as amended by Act 12 of 2002
 Statutory declaration of compliance 5,000/= (item 4 of schedule first part)
 Articles of Association 10,000/= (item 10)
 Memorandum of Association 10,000/= (item 41)
 Capital duty on nominal share capital 0.5% of the total value (item 18)
Registration fees under the companies (fees)(Amendment) rules S.1 57 of 2005
Professional fees under the advocates (remuneration and taxation of costs) regulations S.1 267-4
 Incorporation of a new company with limited liability with share capital –depends on the
share capital (see third schedule to the regulations S.1 267-4)
Draft the documents
137
IN THE MATTER OF THE CONTRACT ACT CAP 73
JOINT VENTURE AGREEMENT
This agreement made this……… day of………, 2008 between Hotel Holiday (U) Ltd. (hereinafter
called Holiday) of the one part and Elgon Mountaineering Ltd. (hereinafter called Elgon) of the
other part.
WHEREAS the parties hereto desire to enter into and conduct business together as a joint venture
AND WHEREAS the parties hereto agree their relationship under the joint venture company to be
regulated by this agreement;
THIS AGREEMENT NOW WITNESSETH as follows:

1. Formation of a Limited Liability Company
a) The parties hereto shall take all steps as may be necessary to incorporate a private limited
liability company under the laws of Uganda.
b) The company shall be incorporated in accordance with the memorandum and articles of
association taking into account the agreement of the parties as contained in the joint
venture agreement.
2. Purpose
The company shall engage in the provision of tourism in Uganda and such other activities
that can be advantageously carried out as the directors shall from time to time
determine.
3. Name and Registered Office
a) The name of the company shall be Elgon Holiday (U) Ltd.
b) The company‘s registered office shall be situate at………in Kasese district Uganda
4. Capital
a) The share capital of the company shall be shs 50,000,000 divided into 100,000 shares of shs
500 each
b) The parties hereto shall subscribe to the shares as follows:-
(i) Hotel Holiday (U) Ltd. 51%
(ii) Elgon Mountaineering Ltd. 49%
c) The profits and losses of the company shall be shared by and between the parties hereto
in accordance with each party‘s contribution towards the capital of the company.
5. Management
a) The company shall have a board of Directors appointed by the company
b) The board shall be constituted as follows:
- Three (3) directors nominated by Hotel Hotel (U) Ltd.
- Two (2) directors nominated by Elgon Mountaineering Ltd.
c) The company shall have a managing director appointed by Elgon Mountaineering Ltd.
d) The Deputy Managing Director of the company shall be a nominee of Elgon
Mountaineering Ltd.
6. Commencement
The company shall commence business as soon as practicable after incorporation but in
case not later than 15 days from the date of incorporation.
7. Dispute Resolution
a) The parties hereto agree to resolve any dispute arising under or in relation to this
agreement amicably between them.
138
b) Where it is impossible to reach a solution using the above mechanism such disputes shall
be referred to an arbitrator appointed in accordance with the arbitration and
conciliation Act cap 4.
8. Termination and Dissolution
a) The agreement shall remain in force provided the parties hereto continue to carry on
business jointly.
b) Without prejudice to paragraph (a) of this clause, the parties may, by mutual agreement,
terminate this agreement.
IN WITNESS WHEREOF, the parties hereto have hereunto appended their respective signatures
and seal the date and year first above written
Signed and sealed on behalf of

Hotel Holiday (U) lTD:
………………………………………..
For: Hotel Holiday (U) Ltd.
Signed and sealed on behalf of

Elgon Mountaineering Ltd:
…………………………………………
For: Elgon Mountaineering Ltd.
All in the presence of: ……………………………….

Witness
RESERVATION OF COMPANY NAME

Date 23rd November, 2010
The registrar of companies

Company registry
Kampala
Dear Sir / Madam,
RE: RESERVATION OF COMPANY NAME

We the undersigned would like to incorporate a private company with limited liability
under the name Elgon Holiday (U) Ltd.
Please we should know if the said name is available and if so be pleased to reserve the
same for us.
…………………………
Promoter
3) Memorandum and Articles of Association

4) Statement of nominal capital …..see earlier precedent
5) Statutory declaration of compliance……refer to earlier draft
Qn.2 25/6
139
Brief facts
The legal Aid clinic of the law development centre world like to employ Martha Brown, a South
African legal expert, as clinic management advisor for the next 5 years. It seeks legal advise.
ISSUES
1. Whether the parties have the capacity to enter into an employment contract
2. What are the salient features/terms of such contract
3. What are the necessary formalities and documents procedures for completing the
contract
4. How can the relationship be terminated without LCD legal aid clinic incurring any liability
in the event of Martha‘s incompetence
LAW APPLICABLE
- The constitution of the republic of Uganda, 1995
- The employment act No. 6/2006
- The contract act cap 73
- The Evidence Act cap 6
- The stamps Act cap342 as amended by Act No. 12 of 2002
- The Income Tax Act cap 340
- The Uganda citizenship and immigration X-1 Act cap 66
- The workers compensation act cap 225
- The registration of documents act cap 81 and rules
- Labour unions Act 7/2006
- The Labour disputes (arbitration and settlement) Act, Act No. 8/2006
- The occupational safety and health act 9/2006
Issue 1
Where parties can enter into employment contract
 The employment act doesn‘t define a contract of employment. It only defines a contract of
service as any contract where a person agrees in return for remuneration to work for an
employer…. see section 2 of the Act.
 An employer is defined as any party including institution or organizations for whom an

employee works or sought to work under a contract of service-section 2 of the act. An
employee is a person who has entered into a contract of service-section 2.
 It is illegal to employ foreigners unless they comply with the relevant laws. This proposition gets
credence from section 37(2) of the employment Act under which a person shall not employ a
person whom he or she knows to be unlawfully present in Uganda lest he or she commit an
offence –section 37(3) hereof
 Therefore, a foreigner intending to work in Uganda should have a valid work permit (section
54 of the Uganda citizenship and immigration x-1 Act), a valid entry permit, certificate of
permanent residence or a pass (Section 59 of the Act).
NB: If Martha Brown obtains a valid work permit, valid entry permit, a certificate of permanent
residence, a contract of employment can be concluded with LAC of LDC.
140
Issue 2
Salient terms of the contract
Like any other contract, the parties are free to agree to any term (s). It must be emphasized that
there is no hard and first rule on what terms to include in a contract of employment. However, the
following terms ought to constitute the salient features of a reasonably standard contract of
employment
- Full names and address of the contracting parties
- Commencement
- Job description
- Place of work
- Wages payable and basis of calculation
- Rate of overtime pay
- Working hours
- Notice of termination
- Probationary period
- Dispute resolution
- Deduction from the wages
- Terms relating to incapacity
- Restrictive covenants
- Confidentiality
- Arbitration Clause
- Clause on frustration otherwise called force majeur
Issue 3
Formalities and procedures
 No formalities are required for a contract of employment to be entered into. Consequently it
can be in writing or oral or partly in writing and partly oral or inferred from the conduct of the
parties---See section 25. Under section 2 of the employment act employment contract can
expressed or implied.
 However, an employer has a duty to provide written particulars of employment to the

employee regarding particulars of the parties, commencement of employment, job title,
place of work, wages, rate of overtime pay, working hours, annual leave, notice of
termination etc….see s.59 of the Employment Act. It can therefore be argued that a contract
of employment should be in writing by implication.
Issue 4
Termination without incurring liability
This can take place in 2 ways
1. If the employee‘s incompetence goes to the root or fundamentally effects the contract,
LAC can summarily dismiss-in which case no notice or shorter notice than was agreed by
the parties may be given to the employee-sections 58 and 69 of the employment Act. In
Barclays Bank (U) Ltd V Godfrey Mubiru 1998-2000 HCB 16, it was held that for the
defendant to dismiss the plaintiff summarily, there must be gross /serious misconduct or
when the plaintiff has failed to display a reasonable degree of competence in that skill or
performs his work so negligently.
Similarly in ELETU vs. UG Airlines Corp 1984 HCB 39, ―---- it was held that at common law, to
justify summary dismissal the breach of duty must be a serious one, a breach amounting in
141
effects to a repudiation by the servant of his obligations under the contract of employment
such as disobedience of lawful orders, drunkenness, immorality, assaulting fellow workers,
incompetence and neglect---‖.
2. It can also be terminated by giving Martha 1 months notice or payment in lieu of notice.
Under section58(3) (b) of the employment Act, an employer shall not terminate an
employees employment unless the employee is given not less than 1 months‘ notice
where the employee has been employed for a period exceeding 1 year but not
exceeding 5 years.
In the present case, it is intended to employ Martha for 5 years hence 1 months‘ notice or
payment in lieu thereof may be requisite. In Barclays Bank (U) Ltd vs. Mubiru (supra) it was
held that ―where any contract of employment stipulates that a party may terminate it by
giving notice of a specified period, such contract can be terminated by giving the stipulated
notice for the period. In default of such notice by the employer, the employee is entitled to
receive payment in lieu of notice‖
 Whatever termination it may be the employer in order to be justified, must give reasons for
such termination and give the employee the right to be heard-Section 66 (1) and (2)
respectively.
In the present case, if LAC finds out that Martha is very incompetent, it can dismiss summary.
However, LAC should give Martha a hearing and also furnish the reasons for such termination.
NB: Draft a contract of employment for the parties incorporating the basic terms.
Qn.2 2004/5
Brief facts
Swan engineering Ltd is a private Ltd is incorporated in Uganda in 2001, whose 5 headquarters
are George Smith, Harrison are not Thomson King, all British citizens. Its share is Shs. 200m. they
want to return to Britain hence their decision to sell the company to Paul Kivumbi, Hudson
Opendo and Jackson Asiimwe, all Ugandans. The latter want to put in place new directors and
secretary; increase the share capital to shs 50m; and obtain a loan of shs.200m from Stanbic bank
(U Ltd on the security of the company‘s moveable and immovable properties as well as a
building of plot 1 Kampala road belonging to Jane, Kivumbi‘s wife. They seek legal advise.
Issues
1. Whether the company can be sold and if so what is the procedure and necessary
documents.
2. What is the procedure for appointing new directors and secretary and the necessary
documents.
3. What is the procedure and documents for enhancing the share capital
4. How can the company use the security of its party to obtain a loan?
5. Whether the company can mortgage the property of Jane, Kivumbi‘s wife to obtain a
loan and if so how?
142
Law Applicable
- The Companies Act cap 110
- The mortgage Act cap 229
- The Companies (general) regulations sec.110-2
- The stamps Act cap 347 as amended BY Act No. 12 of 2002
- The registration of documents Act cap 81
- The registration of documents rules 2005
- The registration of titles Act cap230
- Case law etc
Issue 1
Whether the company can be sold and how
There is nothing in the companies Act which prohibits the sale of a company. It can therefore be
safely argued that it is legal for the incorporators of a company to sell it either wholly or in part or
enter into joint venture or amalgamate with another company.
What constitute a company is the shares which individuals and other persons may own in the
company. Therefore the moment one sells his/her shares as is allowed by section 75 of the
company‟s Act, she/he divests himself of ownership of any interest in the company. Where the
company is a going concern, the company can also enter into an agreement to sell the goodwill
of the company.
NB: A share is a private property of the shareholder transferable as and when the case permits-
see Re Smith and Fawcett-Lord Greene MR held that a share is a movable property which the
owner is at liberty to transfer to whosoever he pleases subject to restriction in the articles of
association of the company-see also 75 of the Companies Act.
Procedure
One of these options is available:
1. SALE OF SHARES
 Sell all their individual shares and the shares of the company, if any, to the Ugandan
purchasers.
 If the company has unissued shares, it can also sell them but there should be a board
resolution authorizing such sale of shares of the company. Note that sale of shares of
individuals does not need any resolution but just a transfer
 Execute a share transfer in favor of the purchasers under section 77 of the Companies Act.
 Register the transfer instrument in the name of the transferees under Section79 of the
companies Act. The directors may decline to register any transfer of shares under Art.24
Table A.
 Enter the names of the Ugandan transferees in the register of members since a
shareholder other than the subscriber can not become a member until the name is
entered in the members register under section 27 of companies Act- see also Article 22
Table A companies Act.
143
 The directors shall then issue share certificates to the Ugandan purchasers as a prima
facie evidence of shares under S.83 Companies Act. Once their names are entered in the
register of members, they become there holders of the company.
 Then make a return of the transfer to the registrar to reflect the changes in the
membership of the company.
Documents
 Transfer of shares by each member
 Return of changes in the ownership of the company (probably amend the memorandum
and deliver to the Registrar the amended copy).
2. SALE OF ASSETS OF THE COMPANY

 They can also sell all the assets of the company including shares of the company and its
good will which is a going concern. This sale is reflected by an agreement of sale of assets
of the company as well as the good will.
 Before any sale takes place, the directors must pass a resolution permitting such sale.
 The agreement should be registered with the registrar of companies as required by

section 143 of the companies Act.
 The individual share holders should also sell their respective shares to the Ugandan
purchasers and execute transfer instruments therefore as hereinabove stated.
 Enter the names of the Ugandan purchasers in the register of members of the company
as required by section 27 of the companies Act.
 Then deliver to the registrar the sale agreement respecting the assets of the company
and a return of change of the company‘s membership under section 143 of the
companies Act.
Documents are:
 Board resolution for selling assets of the company
 Contract of sale of the assets of the company
 Return of change in the company‘s ownership
ISSUE 2
Appointment of directors and secretaries
Appointment of Directors
Directors are appointed by the company at a general meeting. See Art.75 Table A. the
appointment is by ordinary resolution.
Give notice of change in particulars of directors to the registrar for registration by filing company
Form 8…..see s.201 (5) of the Cos Act.
ISSUE 2
Appointment of a secretary
144
Under Article 110 of Table A, company secretary is appointed by the directors by passing a Board
Resolution which must be registered under section 143 of the Companies Act.
Deliver to the registrar for registration particulars of change of the secretary by filing company
Form 8….see s.201 (5) of the Cos Act
ISSUE 3
Increase of Share capital
A company can increase share capital under S.63 (1)(a) of the Companies Act by convening a
general meeting.
Under Article 44 of Table A the power is exercised by passing ordinary resolution if the articles
provide for the increase but if the articles are silent then a special resolution shall suffice.
Deliver to the registrar notice of increase in nominal capital by filling company Form 2….see s.65
of the Cos Act
Amend the memorandum to reflect the increase. Deliver to the registrar for registration the
amended memorandum and the ordinary resolution authorizing the increment in nominal
capital.
Issue 4
How the company can borrow
Directors have power to borrow on behalf of the Co….See Article 79 of Table A. This is by a Board
Resolution authorizing the borrowing which resolution must be registered.
The company can then create a debenture or other charge which must be in writing and
registered within 3 months after its creation under section 96 of the companies Act.
Deliver to the registrar for registration particulars of the charge created by the company by filing
company Form…..
Since it is intended to borrow on the security of Jane not belonging to the company then she
should sign the instrument of charge as joint borrower or she gives the company a power of
attorney.
Qn.2 2001/20002
Brief facts
Lugave chemical industries, a Ugandan company, has been contracted by Miss Chemis Ltd in
Egyptian Company, to supply to the latter big quantities of chemical products i.e. 10 tons of liquid
detergents, 5 tons of powder detergents ½ tons of raw chemicals and 7 tons for the manufacture
of pesticides. The price of the detergents is US$ 20,000 per ton and US$ 15,000 for the other
products. The products must be of high quantity to be delivered in one consignment within
today‘s from the date of the agreement. LC1 does not know what to do and now seeks legal
advise.
Issue
1. What appropriate type of contract of service can the parties enter into
2. What are the formalities and necessary documents to conclude the contract
145
3. What rights accrue to Ms Chemis Ltd in the event of loss or damage to goods on transit in the
Indian Ocean?
4. What are the rights of LC1 in case goods are delivered but not paid for?
Law Applicable
- CISG 1980
- SOGA cap 82
- UCD 700
- Incoterms 2000
- External trade Act cap 82
Issue 1
Appropriate type of contact
It must be noted that I am advising the seller (exporter) though the proposed type of contract
should be acceptable to the parties.
The most common types international contract for sale of goods are;-
 C.I.F contracts i.e. cost, insurance and freight.
o The seller delivers goods when the goods pass the ship‘s rail.
o The seller pays the charges of freight necessary to bring goods to the port of destination.
o The seller must procure insurance cover to cover risks to the goods while in transit.
o The seller clears the goods for export- this term is appropriate to water carriage. Thus in
Johnson vs Taylor Bros 1920 Ac 144, Lord Atkinson stated that in the absence of any
special provision to the contrary, the seller under CF is bound to inter alia, procure a
contract of affreightment, arrange for an insurance policy against loss or damage to the
goods to send to the buyer shipping documents e.g. the invoice, boy, an insurance policy
etc. it must be noted that under CF, the costs incurred to bring the goods to the named
part of destination are met by the seller. This type benefits the buyer more than the seller.
 Cost and freight (C.F).

o Here goods are delivered when goods pass the ships raise in the part of shipment.
o The cost and freight incurred before goods are delivered up to the port of shipment are
met by the seller, but the risk thereafter passes to the buyer.
o The seller is required under this arrangement to clear goods for export.
 Free on Board (FOB)

o Here the seller delivers when goods pass the ship‘s rail at the port of shipment.
o The seller must clear the goods for export.
o The buyer obtains insurance policy directly or indirectly.
o The buyer nominates a suitable carrier to the seller who then puts the goods on board
under a contract of carriage which the buyer has made with the carrier.
146
o The seller bears all costs and risks up to the port of shipment. This was the law on FOB as
summarized in Pyrene Co. Ltd U Scindia navigation Co. Ltd.
The FOB is therefore most appropriate because the buyer is responsible for insurance unlike C.F
and C.I.F, Buyer nominates the ship and if the buyer delays to nominate, the seller has no duty to
deliver unlike C.F and C.I.F where the seller nominates and enters into a freight contract; Buyer
pays costs and freight charges up to the port of shipment unlike CF and C.I.F where seller meets
costs and freight charges up to the port of destination.
I therefore propose FOB contract.
Issue 2
Formalities and Documents
 LCI makes an offer to Miss Chemis Ltd. This offer can be made by way of proforma invoice or
it can be made orally or by fax, telephone etc-see Art.14 CISG the offer must intend to bind
the parties.
 The offer must be accepted by the offeree to constitute a contract-Art. 18 CISG. This can be
by way of sending an order on receipt of the proforma invoice from LCI.
 LCI then prepares an invoice which constitutes the contract containing the particulars of the
parties, description of goods sold, description of packaging used, price of the goods,
description of shippers etc.
 Then LCI, delivers goods conforming to the contract description to the carrier nominated by
Lugave…… Art.3 CISG.
 The seller LCI should hand over the documents relating to the goods to the buyer and transfer
the property in the goods to the buyer---Art.3 CISG.
 Once the goods have passed the ship‘s rail, the sellers obligations are
exhausted/extinguished. i.e. the seller becomes functus officio. It must be noted that it is the
seller to clear the goods for export i.e. the LCI should obtain the export certificate from the
responsible ministry.
Documents
 Proforma invoice
 Invoice
 Bill of Lading
NB draft an invoice containing all the agreed terms including provisions on frustration, Arbitration
clause and the law applicable
Issue 3
Seller‟s remedies
1. LCI may declare the contract avoided if the buyer has failed to perform a fundamental
obligation under the contract. see Art.64 (1) a CISG.
2. LCI may reclaim the goods from Ms Chemis Ltd.. Under Art. 81(2) CISG a party who has
performed the contract wholly or partly may claim restitution from the party to whom supply
was made.
147
3. LCI may also give Ms Chemis Ltd more time to pay. Under Art. 63(1 CISG where the buyer
breaches the contract in relation to payment, the seller may fix an additional period of
reasonable time for the buyer to pay.
4. The seller (LCI) can also claim damages Art. 61 and 74 CISG.
Issue 4
Buyers (Ms Chemis Ltd‟s) remedies if the goods are destroyed or lost
If goods are destroyed under FOB contracts, risk of loss or damage to goods after the goods have
crossed the ship‘s rail passes to the buyer. THIS IS PARTLY BECAUSE THE BUYER UNDERTAKES TO
SECURE INSURANCE COVER FOR THE GOODS WHILE ON TRANSIT.
Therefore if the buyer had obtained insurance policy in respect of the goods which covers the
present peril, the buyer (Miss Chemis Ltd) shall claim from the insurance company. If it did not
obtain any insurance policy, then it bears the loss.
Qn.1 2001/2002
Mis Diva Digitec systems is a private company incorporated in Uganda to develop and resource
for commercial purposes a new type of camera called ―mirage‖ mirage was developed by a
Ugandan engineer Mike Emojong employed by the Company. The camera is just proof has solar
powered to automatic light regulating system. The company now seeks protection.
Issues
2. Whether the camera is a protectable subject matter
3. What are the formalities and documents required to obtain such protection.
4. What are the rights of the company and the engineer once protection is granted
5. How can the company get regional and international protection.
Law Applicable
- The patent act cap 216
- Patents corporation treaty
- The Harare protocol (Aripo protocol on patents and industrial designs)
- The Trips Agreement 1994
- The Wipo Agreement 1967
- The Lusaka agreement 1976
- Case law
Issue 1
Patentability of the subject matter
- Firstly, there must be an invention i.e. a solution to a specific technological problem---see s.7
of the patents Act
- Then the invention should involve patentive step, novelty and industrial applicability- see s.8 of
the patents Act
148
a) Novelty means the claim ―is not anticipated by prior art‖--- see s.9 of the Patent Act. If the
idea had come to public domain prior to the claim, then the claim lacks novelty (is not
new). In Bristol Myers Squibble co. v Baker Nerfon pharmaceutical Inc. 1999 RPC 253 CA
where the patent information had been in public domain earlier through a public lecture,
it was held that the patent was invalid for lack of novelty because the lecture had made
the information available to the public.
b) Patentive step means the invention is not obvious to any person skilled in that art---see s.10
of the Act. Thus in Parks-crammer Co. v G.W Thorntorn & JMJ Ltd 1969 RPC 112, it was held
that use of unknown thing where there is no additional ingenuity is not patentable. Further
in Becham GRA Ltd (Amoxyl Application 198 RPC-Hallen Co.v Brabangire (UIL) Ltd 1995
RPC 195, held that an invention is not patentable if it is obvious to any person skilled in
that art.
c) Industrial applicability means the invention must be capable of been used or produced in
an industry… see s. 11 of the Act
The camera is definitely an invention. Its features are definitely unique and have not been in
public domain. It can only be produced by industrial process hence it is patenable.
Issue 2
Procedure for obtaining protection
 Search if the invention is available for protection
 Then apply in a prescribed form for registration of the patent…see s. 13 of the Act
 The application should be accompanied by an abstract, description of the patent, the

claim and the prescribed fees.
 The registrar of patents carries out formal examination to ascertain if it complies with the
formal requirements.
 The registrar then accords it a filing date if formal requirements are fulfilled by the
applicant
 The ARIPO shall the carry out substantive examination to determine whether the invention
is new, involves a patentive step and is industrially applicable.
 If it is patentable, the registrar shall gazette it for sixty days to pave way for any opposition
to the grant of the patent.
 If the is no opposition or such opposition is dismissed, the registrar grants the patent and
issues a certificate of the grant.
NB: DISCUSS THE REST OF THE ISSUES PLEASE
QN. 2004/5
BRIEF FACTS
An employee (James Kakana) of Magalu & co. Advocates stole a cheque book and drew a
cheque of 1Million shillings upon a forged signature. The cheque was negotiated to several
persons and the amount payable was altered in due course.
149
Rakesh a holder of the cheque presented it for payment and was dishonoured. He is now
threatening Kapere & Co. Advocate with a stun action.
ISSUES:
1. Whether the cheque is enforceable and if so against who.
2. Whether Rakesh is a holder in due course
3. Remedies available to the parties
4. Defences available to the parties
5. Forum, Procedure & Documents.
LAW APPLICABLE
1. Bills of Exchange Act Cap 68
2. The contractt Act Cap 73
3. CPA Cap 71
4. The CPR S.I 71-1
5. Common law & Doctrines of Equity
6. case law
issue 1
Whether cheque is valid
A cheque is a Bill of exchange drawn on a banker and payable on demand S.2 Bills of exchange.
Under S. 72 of the Bills of Exchange Act (hereafter called the Act) a cheque is an unconditional
order in writing addressed by one person to another requiring the addressee to pay on demand
a specified sum of money to a specified payee or order.
Under S.23 of the Act, forged signature is wholly inoperative and no right to discharge the Bill
arises unless the drawer is estopped from setting up the defence of forgery.
Hence, this cheque was invalid and you can‘t enforce it.
ISSUE 2
WHETHER RAKESH IS A HOLDER IN DUE COURSE
S.28 of Bills of Exchange Act provides for conditions precedent for a holder in due course.
1. Must be a holder of a Bill. i.e. any person who is in possession of a bill or the bearer. It is thus
submitted that the original payee of a cheque can not be a holder in due course but an
endorsee.
2. The Bill must be complete and regular on the face it. i.e. looking at the Bill front & back no
essential element of form is lacking, for instance, date, Signature, amount payable and
Payee, per Lord Denning in ARAB BANK Vs ROSS 1952 QB 2 16
3. You took the bill before it was overdue. Under S. 35(3) of the Bills of Exchange Act a Bill is
overdue if it appears on the face of it to have been in circulation for unreasonable time.
4. You did not have notice of dishonour. This is a question of fact eg words like R/D, REFER TO
DRAWER, insufficient funds, funds not arranged etc usually appear on a dishonored
cheque.
150
5. You took it for value and in good faith. WHAT IS VALUE? Under S. 26 any consideration
sufficient to support a simple contract is enough. Bills of exchange are presumed to stand
on a valuable consideration under section 29 of the Bills of Exchange Act.
GOOD FAITH connotes acting honestly whether or not negligently..see s.89 of the Bills of
Exchange Act.
6. You must have no notice that the endorser‘s title was defective. Your title is defective if; see
s. 28 (3) of Bills of Exchange Act
 The bill was obtained by fraud fear or fear
 It was obtained unlawful
 Obtained for illegal consideration
 Obtained in breach of good faith.
Hence forth, for all intents and purposes I humbly submit that Rakesh was a holder in due course.
ISSUE 3 REMEDIES TO RAKESHI

The law is that if payment is made by way of a cheque it acts as a conditional discharge only
and the parties original rights shall be restored if the cheque is dishonored or countermanded see
THAKER SINGH & SONS V QUARBANTILE LTD.
Rakeshi is therefore advised to sue Kapere & Co. Advocates on the original contract while
attaching the dishonored cheque as evidence of Kapere‘s obligation to pay him.
In the alternative but without prejudice to the foregoing Rakeshi can sue all the endorsers on the
cheque.
ISSUE 4
DEFENCES
1. Forgery: S.23 provides that where there is forgery a bill is wholly inoperative and no right to
retain or enforce the bill can be maintained.
2. Material alteration such as altering the name of the payee, amount payable etc discharges
the drawer and any other person who has not authorized such alteration under section 63
of the Bills of Exchange Act. However, if the Bill is in the hands of a holder in due course and
the alteration is not apparent, the drawer or persons who have not assented to the
alteration are bound to the original amount but those who have approved or become
parties after the alteration become liable up to the altered amount.
OTHER DEFENCES but not applicable to the question

1. Total failure of consideration
2. Failure to give notice of dishonor.
3. Failure to present a cheque for payment.
FORUM
See section 4 CPA, 207 MCA as amended by MCA Act NO. 7 / 2007 on the pecuniary Jurisdiction
of courts in Uganda.
Jurisdiction is exercised by G.I or C/Magistrate or the High Court
PROCEDURE
This is a liquidated demand
151
 Institute a summary suit by presenting a specially endorsed plaint…. See O. 36 r. 2 CPR
 The specially endorsed plaint should be supported by affidavit stating that defendant has
no defence to the suit.
 The plaint should be accompanied by a brief summary of evidence, list of witnesses,

authorities, and documents. O.6 R. 2 CPR
 Serve summons on the defendant (Kapere) to apply for leave to appear and defend the
suit. O. 36 R. 3 CPR
 File affidavit of service of summons on the defendant, Kapere, as required by O.5 r.

16 CPR
NB You can also sue by ordinary plaint
DOCUMENTS
 Specially Endorsed plaint or ordinary plaint, whichever you may choose
 Affidavit in support of the plaint; where you use ordinary plaint this affidavit in support of
plaint does not apply
 Summary of evidence, list of witnesses, authorities and documents
 Summons in summary suit
NB Draw only the specially endorsed plaint and supporting affidavit

Qn 2 005/6
The shareholders of M.R Oils Uganda Ltd want the Co. to be deregistered due to high taxes
among other reasons. They are willing to settle all the Company‘s debt obligations totaling 9.5M.
The Company‘s credit balance is 22m at Stanbic Bank City Branch. They now seek legal advise.
ISSUES
1. Whether the Co. can be wound up
2. Who can wind up the company.
3. What is the procedure for winding up.
4. Documents
Law Applicable
Please state them, this is not difficult to do
RESOLUTIONS
ISSUE 1
Whether the Co can be wound up
A Company can be wound up compulsorily or voluntarily. For compulsory winding up the
grounds are: Inability to pay debts; Just & equitable ground; Where the number of member falls
below the statutory minimum; Failure to file statutory return; Where the Co. resolves by special
resolution to wind up; or the Co. has failed to commence business for 1 year or has ceased to
carry on business for 1 year….. see section 222 of the Companies Act.
For voluntary winding up, the grounds are that the company has accomplished it task or its
period has expired; the company has passed a special resolution to voluntarily wind up; or the
152
company has passed a special resolution to wind up on the ground that it is not profitable for the
company to carry on business. See section 276 of the Companies Act
Accordingly the company can be wound up voluntarily.
Issue 2 who can wind up the company

Voluntary winding can be by members or creditors. Before members go for voluntary winding up,
the Co. must be solvent as evidenced by a statutory declaration of solvency….see S. 281 of the
Companies Act.
Since the companies credit is 22 million and total liabilities only 9.5 million, the Co. is solvent and
the members can voluntarily wind it up.
PROCEDURE FOR VOLUNTARY WINDING UP

1. Statutory Declaration of solvency by the directors within 30days before special resolution is
passed. S 281 of the companies Act.
2. The members should pass a Special Resolution for voluntary winding up under S. 276(b) of
the Act. Seventy five of all the members entitled to vote must approve the resolution…..
see s. 141 of the Act
3. Publish notice of the resolution in the gazette within 14days after passing the resolution
under section 277 of the Act.
4. The members should appoint a liquidator to wind up it‘s affairs….see s. 283 of the
companies Act.
5. The liquidator must give notice of his/her appointment to members of the public… see
Section 303 of the Act.
6. Creditors must send proof of their claims to the liquidator. This is by sending or delivering
an affidavit verifying the debt with other accompanying documents, if any… see
companies (winding up) Rules
7. The liquidator calls a meeting of all the creditors who have proved their debts.
8. The liquidator realizes the assets of the company by disposing them off for purpose of
distributing the proceeds.
9. After realizing the assets, the question of priority of debts sets in, to wit:
 The costs and expenses of liquidation S.306.
 The preferential debts i.e. taxes of Ushs. 6 owing to (URA)… see S.315 of the Act
 Then the general creditors are paid on pari passu basis under section 300 of the
Act
 Any surplus that remains is distributed among the members of the company under
s. 300 of the Act
153
10. The liquidator shall call a final Meeting by a notice in the gazette to account to the
creditors and members regarding how the winding up was conducted under section 288.
11. Under S. 288(3) the liquidator should send to the registrar within 14 days after the Meeting
the account and a return of the meeting for registration.
12. Under section 288(4) the registrar shall register the return and the Co. shall be deemed to
be dissolved after the expiration of 3 months from the date of registration of the return.
DOCUMENTS
1. Statutory Declaration of solvency
2. Special resolution for voluntary winding up
3. Notice of the special resolution in gazette in a prescribed form…. See cos (winding up) Rules
4. Ordinary Resolution for appointment of the liquidator
5. Notice of appointment of the liquidator in a prescribed form.
6. notice of Final meeting of the Company in the gazette in a prescribed form…. See
companies (winding up) Rules
154
STATUTORY DECLARATION OF SOLVENCY
IN THE MATTER COMPANIES ACT CAP 110
IN THE MATTER OF MS OILS (U) LTD
AND
IN THE MATTER OF VOLUNTARY WINDING UP OF MS OILS (U) LTD BY MEMBERS
STATUTORY DECLARATION OF SOLVENCY

We, the undersigned, being the directors of Ms. Oils (U) Ltd do state and declare as follows.
That we have investigated the affairs of the company and have formed the considered opinion
that the company shall be able to pay all its debts in full together with accumulated interest, if
any, within one (1) year after commencement of winding up and we attach herewith a copy of
the statement of affairs of the company.
AND we make this solemn declaration conscientiously believing the same to be true and by
virtue of the Statutory Declarations Act cap 22.
SWORN at Kampala by the said directors this ………… day of …………………. 2010.
_______________________
DEPONENT (DIRECTOR)
_______________________
DEPONENT (DEPONENT)
BEFORE ME:
_______________________
DRAWN BY:
SPECIAL RSOLUTION FOR VOLUNTARY WINDING UP

IN THE MATTER COMPANIES ACT CAP 110
IN THE MATTER OF MS OILS (U) LTD
AND
IN THE MATTER OF VOLUNTARY WINDING UP OF MS OILS (U) LTD BY MEMBERS
AND
IN THE MATTER OF SPECIAL RESOLUTION FOR VOLUNTARY WINDING UP OF MS. OILS (U) LTD
SPECIAL RESOLUTION
At the extra ordinary general meeting of Ms. Oils (U) Ltd (hereinafter called the Company) held at
its head office at Kampala on the 19th day of July, 2010, it was resolved that:
1. The company be and is hereby voluntarily wound up.
2. A liquidator be appointed to wind up the affairs of the company
3. The Registrar of Companies be notified accordingly
155
Signed by and on behalf of the company this 19th day of July, 2010.
__________________ ___________________
DIRECTOR SECRETARY
DRAWN BY:
NB: DRAFT OTHERS… CHECK IN THE COMPANIES WINDING UP RULES
BRIEF FACTS
Nakku and Jane the widows of Musa and Ham respectively want to take over M/s Spear
investments (U) LTD a Co. in which Musa and Ham were shareholders/directors and they also
intend to undertake a number of activities on behalf of the Co. they seek legal advice
ISSUES
1. Whether nakku and Jane can become shareholders & if so how.
2. Whether Nakku & Jane can appoint a Co. secretary if so how
3. Whether Nakku and Jane can increase the share capital of the Co. from 50 to 500m shs
and if so how
4. Whether they can admit more members in the company
5. Whether or not they can borrow and if so how
6. Whether they can open another account and if so how
LAW APPLICABLE
1. The Co‘s Act Cap 110
2. The Co‘s (General) Regulations
3. the succession Act Cap 162
4. The stamps Act Cap 342 as Amended by Act No. 12/2002.
5. The Advocates (Remuneration and Taxation of costs) Rules.
6. Case law.
RESOLUTION OF ISSUES
ISSUE I
Whether Nakku and Jane can become shareholders
 Under Art. 29 table A where a member is dead, the personal representative of the
deceased person shall be the person recognized by the Co. to have title to the shares of
the deceased. This is because under S.180 of succession Act, the executor or
administrator of the estate of the deceased is the legal representative of the deceased
for all purposes of the law. Therefore Jane and Nakku can become shareholders
 Apply for letters of Administration. Then enter your names in the register of members since
a transferee or transmittee of shares other than subscribers are not members until their
names are entered in the register under section 27 of the companies Act…see also
Mawogola Farmers V Kayanja
 Deliver to the registrar for registration a return of the change in the membership of the
company.
156
Documents for letters of administration
Petition for letters of administration
NB What if there were other existing directors of the company who have refused to register the
transfer of shares to the widows as they are entitled to.
1. If the directors refuse to register the personal representative in respect of the shares, then
apply to court for rectification of the register under section 118 of the companies Act.
2. To rectify Co. Registration proceed by Notice of Motion or chamber summons under O. 38

R. 4 CPR.
3. The forum is the High court under section 1 and 224 of the companies Act.
Documents for rectification of register are or would be

o Notice of Motion or chamber summons
o Affidavit in support of motion
Issue 2
Whether Nakku and Jane can appoint themselves as directors
 Directors are appointed by the company at a general meeting. See Art.75 Table A. the
 Give notice of change in particulars of directors to the registrar for registration by filing
company Form 8…see s.201 (5) of the Act.
Documents for appointment of directors

 Ordinary resolution
 Particuars of change of directors---company form 8
ISSUE 2
Appointment of a secretary
Under Article 110 of Table A company secretary is appointed by the directors. This is achieved by
passing a Board Resolution which must be registered under section 143 of the Companies Act.
Deliver to the registrar for registration particulars of change of the secretary by filing company
Form 8….see s.201 (5) of the Act
Documents for appointment of the secretary

 Board Resolution
 Particulars of change of secretary…. Company form 8
ISSUE 3
Increasing Share capital
 A company can increase share capital under S.63 (1)(a) of the Companies Act during a
general meeting.
 Under Article 44 of Table A the power is exercised by passing ordinary resolution if the
articles provide for the increase but if the articles are silent then a special resolution shall
suffice.
 Deliver to the registrar notice of increase in nominal capital by filling company Form
2….see s. 65 of the Act
157
 Amend the memorandum to reflect the increase. Deliver to the registrar for registration
the amended memorandum and the ordinary resolution authorizing the increment in
nominal capital.
DOCUMENTS FOR INCREASING CAPITAL

o Ordinary resolution
o Notice of increase of nominal capital
NB. What if they wanted to reduce share capital instead of increasing
 Under S.68 Co‟s Act the Co. should pass a special resolution to reduce its share capital
during a general meeting. See also Art.46 Table A.
 Then you petition court for an order to confirm the reduction of nominal capital….see S.69
Co‟s Act.
 Deliver a copy of the confirmation order to the registrar for registration and publish notice
of registration of the confirmation order.
 The registrar shall issue a certificate of reduction of share capital as conclusive evidence
of the reduction under S.71 Co‘s Act.
DOCUMENTS FOR REDUCING CAPITAL

- Special resolution
- Petition for confirmation of reduction of share capital
ISSUE 4
Admission of more members
 Under S.29 Co‘s Act the maximum membership of a Co is 50members.
 Allot shares to these new members since they have so many unissued shares and issue
them with share certificates
 After allotment you enter the names of the new members in the members register to
become members under S.27 of the Act.
Issue 5
How the company can borrow
 Directors have power to borrow on behalf of the Co. Article 79 Table A. this is by a Board
Resolution authorizing the borrowing which resolution must be registered.
 The company should create a debenture or charge in writing and have it registered
within 42 days after its creation…see s.96 of the companies Act.
 Deliver to the registrar for registration particulars of the charge created by the company
by filing company Form 3
ISSUE 6
Whether Jane and Nakku can open another Account
They should pass a board resolution changing the signatories to the bank from original signatories
to themselves and register the resolution.
158
DOCUMENTS TO BE DRAFTED FOR THIS QUESTION
1. Ordinary Resolution

IN THE MATTER OF THE COMPANIES ACT CAP 110
AND
IN THE MATTER OF M/S SPEAR INVESTMENTS LTD
ORDINARY RESOLUTION
At the extra ordinary general meeting of M/s Spear investments Uganda ltd (Herein after called
the Co.) held on the 20th day of July 2010 at its head office at Kampala, the following resolution
was passed.
1. That Nakku & Jane be and are hereby appointed directors of the Co.
2. That the share capital of the Co. be and is hereby increased from 50m to 500m shillings.
3. That the Registrar of companies be informed accordingly
Dated at Kampala this 20th day of July 2009

………………………………. …………………………
Director secretary
DRAWN BY:
Special resolution
IN THE MATTER OF COMPANIES ACT CAP 110
AND
IN THE MATTER OF MS SPEAR INVESTMENTS LTD
AND
IN THE MATTER OF A SPECIAL RESOLUTION FOR REDUCTION OF
THE SHARE CAPITAL
SPECIAL RESOLUTION
At the extra ordinary general meeting of Ms Spear Investments Ltd (hereafter called the
company) held at its registered office at plot 4 William Street Kampala on the 16 th day of June,
2010, the following resolution was discussed and passed.
1. That the share capital of the company be and is hereby reduced from Ushs. 10m to Ushs.
5m.
2. That the Registrar of companies be notified accordingly.
Signed for and on behalf of the company this 16th day of June, 2010.
____________________ _______________________
159
DIRECTOR SECRETARY
DRAWN BY:
Petition for confirmation of reduction of share capital

IN THE MATTER OF COMPANIES ACT CAP 110
AND
IN THE MATTER OF MS SPEAR INVESTMENTS LTD
COMPANIES CAUSE NO. 102 OF 2009
PETITION FOR CONFIRMATION OF REDUCATION OF SHARE CAPITAL

The humble petition of M/s spear investments (U) Ltd of C/o Firm E & Co. Advocates P.O. Box 117,
Kampala Showeth.
1. That the petitioner is a limited liability company incorporated under the companies Act
cap 110 laws of Uganda.
2. That the registered office of the petitioner is at plot 1 William street situate at Kampala.
3. That the objects for which the petitioner was incorporated include dealing in general
merchandize.
4. That the capital with which the petitioner was registered is 10,000,000 divided into 1,000
ordinary shares of 10,000 shillings each.
5. That the petitioner is now over capitalized and does not need excess liquidity for its
purposes.
6. That the members of the petitioner have now passed a special resolution to reduce its
capital from 10,000,000 shillings to 5,000,000 shillings and return the excess to the
shareholders…. A copy of the special resolution is hereto attached
7. That it is in the business interest of the petitioner that this court allows this petition and
confirms the reduction.
WHEREFORE the petitioner humbly prays

 That court makes an order confirming the reduction of the capital
 Costs of the petition are provided for
 Any other or further relief the court deems fit.
DATED at Kampala this ………. Day of ……………….. 2009
_________________________________
Petitioner‘s Counsel
Drawn and Filed by

Firm E & CO. Advocates
P.O Box 7117 Kampala
160
IN THE MATTER OF THE COMPANIES ACT CAP 110
AND
IN THE MATTER OF M/S SPEAR INVESTMENTS LTD
BOARD RESOLUTION
At the meeting of the Board of Directors of M/s Spear investments (U) Ltd (hereafter called the
Co) held on 20th day of July, 2010, at speke hotel at Kampala the following resolution was passed.
1. That ZK be and is hereby appointed the Secretary of the Co.
2. That 100 ordinary shares be and are hereby allotted to A & B equally.
3. That Nakku and Jane be and are hereby appointed signatories to the Co. bank account
held at STANBIC in substitution of the previous signatories.
4. That the Registrar of Companies be notified accordingly
Dated at Kampala this 16th day of June, 2010
_______________________ ______________________
DIRECTOR SECRETARY
DRAWN BY:
NB DRAFT THE FOLLOWING REMAINING DOCUMENTS

 Notice of increase in nominal capital…..see company form 2
 Notice of change of particular of directors. See form 8
 Notice of change of particulars of secretaries. See form 8
 Debenture Agreement
 Petition for letters of administration
QN 1
Pharm Medics Ltd a pharmaceutical Co. is the registered proprietor of TM called Benylyn in
respect of syrup. Another Co. Multipharm Co. ltd has applied to register a TM Called Penylyn in
respect of syrups as well. The application has been gazetted and pharm medics is opposed to
the registration of the TM.
ISSUES
1. Whether Pharm medics has any ground for opposing penylyn as a TM.
2. What is the procedure for such opposition
3. How can Multi Pharm Co. ltd react to such opposition
4. How the registrar can resolve these issues.
5. How can a dissatisfied party object to the registrar‘s decision.
161
LAW APPLICABLE
- The Trade marks Act
- The trade marks rules
- The CPA Cap 71
- The CPR S.I 71-1
- Comm. Law & Doctrines of equity
- Case law.
RESOLUTION
ISSUE 1
Whether there are grounds for objection
Conditions precedent for registration of a TM under S.11 of the Trade Marks Act (hereafter called
the Act) include the fact that the mark must be inherently distinctive and must involve an
inventive step.
Under S.13 of the Act it shall not be lawful to register a mark which is similar, contrary to law,
morality or is scandalous. Section 14 prohibits registration of identical or resembling marks which
are likely to cause confusion in the public. Thus it was held in LONDON OVERSEAS TRADING CO Vs
RALEIGH 1959 EA 1012 that it is incumbent upon the applicant to satisfy the registrar that the TM in
question is not likely to cause confusion.
The tests involved in determining whether a mark is similar are the visual expression. i.e. whether
looking at them physically, they look alike; phonetic expression. i.e. whether they sound similar;
the nature of the goods with which the marks identify and the test of an ordinary prudent
consumer. i.e. whether an ordinary consumer of the goods would confuse the two marks.
In the instant case, the marks all identify with syrups. They sound similar but there is no physical
illustration to ascertain visual expression. Prima-facie, Pharm medics may oppose it on the ground
that they look similar or Penylyn is deceptive and likely to cause confusion with Benylyn
ISSUE 2
Procedure of opposition
 Under the Act if you are objecting to the registration of a mark it must be within 60 days
from the date of publication…see r.42 of the Trade Mark Rules
 Objection is by filing a notice of opposition which must specify the grounds for objection
see s.20 of the Act and r. 47 of the Trade Marks Rules.
 The notice of opposition must have a statement of Grounds of opposition….see r.47(3).

The notice of opposition must be in duplicate.
 The applicant for trade mark may, if it needs to be heard, file a counter statement….see
s. 20 of the Act.
 The objector then sends to the registrar of trade Marks a statutory declaration with
evidence in support of Notice of opposition failing which the objection shall be dismissed
for want of evidence…. See r.50 of the Rules
ISSUE 3
Reaction to the opposition by applicant
162
 Under s. 20 (5) of the Act and r.48 TM Rules, the applicant shall send to the registrar a
counter statement within 42 days after receiving notice of opposition. See TM 7.
 The counter statement must contain grounds showing that the two marks are not
identical, resembling or similar as alleged by the objector.
 The counter statement must be in duplicate r.48(3).
 The objector then sends to the registrar a statutory declaration with evidence in support of
Notice of opposition after receiving the counter statement…... See rule 50
 R.51 of the Trade Marks Rules provides that the applicant must send statutory declaration
to support the counter statement after receiving the objector‘s statutory declaration.
 Where either party fails to send statutory declaration as required the objector or
applicant, as the case may be, is deemed to have abandoned the opposition or counter
statement.
DOCUMENTS FOR OPPOSITION

1. Notice of opposition TM 6
2. Statement of grounds of opposition
3. Statutory declaration.
DOCUMENTS FOR APPLICANT

1. Counter statement TM 7
2. Statutory Declaration
ISSUE 4
How the registrar determines
U R.54 provides for hearing of evidence by the registrar. The registrar fixes hearing date to hear
the case. If any party intends to appear that person must file notice to the registrar on form TM 8
within 7days from date of receipt of notice.
Sections 13 & 14 of the Act, the registrar shall not register a TM if the mark is deceptive, identical,
similar as to cause confusion, contrary to morality or law and / or is scandalous. In determining
whether confusion may be caused the tests are: Visual impression; Phonetic impression that is, do
the marks sound and look similar; whether an ordinary prudent customer of that product is likely
to think the goods belong to the other trader; and whether the marks are in respect of the same
products.
NEUTROGENA CORPORATION Vs GOLDEN LTD 1996 R.P.C 473

‖In assessing confusion the TEST IS WHETHER‖A SUBSTANTIAL PORTION OF THE public would be
misled into buying the defendant‘s products thinking it to be the products of the plaintiff‖.
GLAXO GROUP LTD Vs J.B CHEMICALS & PHARMACETICALS C.A.C.A No. 68/2002 (Phonetic
impression). See also LONDON OVERSEEAS TRADING CO. V RALEIGH Supra where the registrar
refused to register the mark Laleigh because it was similar to Raleigh which was already in
existence and therefore likely to confuse the public.
As the Registrar, I would uphold the opposition and reject the mark PENYLYN.
ISSUE 5
163
How to object to the registrar‟s decision if dissatisfied
 Under S.20 (7) of the Act decision of the registrar is appealable to the court which is the
High Court under section 1 of the Act.
 Under r.115 of the Trade Marks Rules, the Appeal is by way of notice of motion. It must be
filed within 60 days from the date of the decision.
 Under r.116 of the Rules, a copy of the motion should be served on the registrar.
 Under r. 117 if court makes an order on appeal the successful party shall leave the copy
of the order at the registrar office.
QN. No 1 2007/0 supplementary

Hall Pharmaceutical ltd, a private ltd Co. Intends to acquire 60% stake in copper (U) Ltd a private
ltd Co. that owns several industrial parks. Upon acquisition, it is intended to change the name of
cooper (U) ltd to copper & Hall pharmaceuticals; Increase share capital from 1BN top 100BN;
appoint two directors of Hall & one director of copper as directors of the new company.
ISSUES
1. What is the nature of the transaction the parties can enter into
2. Whether the two Co‘s can legally enter into the proposed transaction and if so how.
3. What documents must copper Ug. Ltd produce in order to prove its status, capacity or
authority to enter into the proposed transaction.
4. What documents are required by the parties in order to effect the proposed changes.
5. Fees & duties payable in respect of the proposed changes.
LAW APPLICABLE
1. Co‘s Act Cap 110
2. Co‘s General regulations
3. The stamps Act Cap 342 as Amended.
4. Adv. (Remuneration & Taxation of costs) Regulations.
5. Common law
6. Case law.
ISSUE 1
What transaction can the parties enter into.
This is a share acquisition by hall pharmaceuticals Ltd from Copper (U) Ltd since it wants to
‗acquire 60 percent stake in Hall‘
Issue 2
Whether the parties can enter into the proposed arrangement
 Copper deals in estate business and Hall deals in Pharmaceuticals. The objects of the two
companies are not the same and therefore ultravires each company since a company
can only engage in what is permitted by its objects as was held in Ashbury Railway
carriage & iron Co. V RICHIE
164
 HALL PHARMACEUTICALS should alter its memorandum of Association by providing for the
business of estates and industrial parks.
 Objects of the company in the memorandum of association can be altered by special

resolution under section 7 of the Companies Act which must be registered under S. 143 of
the Act.
 Then deliver the amended memorandum together with the special resolution to the
registrar for registration.
 Directors of Hall should pass a resolution to purchase the specified stake in Copper ltd and
directors of copper should also pass a resolution to sell its stake to Hall.
 This should be followed by sale and purchase agreement between Hall and Copper and
incorporating all the agreed terms as a binding contract…the agreement should be
registered with the Registrar of Companies….. see s. 143 of the Cos Act
After acquiring the shares in copper (u) ltd it is proposed to do the following;
Changing the name to copper & Hall Pharmaceutical ltd

Under s.19 of the Co‘s Act, a Co. may by special resolution change its name and give notice of
the change to the Registrar who shall enter it in the register of names, issue a certificate of
change of company name and then publish it in the gazette…see s. 19 (4) of the Act
Increase share Capital

Under section 63 of the Act and article 44 of Table A, it will be by ordinary resolution.
You give the registrar notice of increase of nominal capital under section 65 of the Act by filing
company Form 2
Appoint directors for the new company directors of copper & Hall pharmaceutical Ug Ltd.
 Directors are appointed by the company at a general meeting. See Art.75 Table A. the
 Give notice of change in particulars of directors to the registrar for registration by filing
company Form 8….see s.201 (1) of the Act
ISSUE 2
Documents copper must produce to prove its legal capacity and authority to enter into share
acquisition
- Certificate of incorporation in order to show that it is duly incorporated. See section 16 of
the Act
- Memo of Association showing the objects of the company. See section 4
- Articles of Association in order to know who the directors of copper are and what authority
they have and how they contract
- Register of members
- Power of Attorney which gives specific powers to the donee(s) to enter into a particular
transaction on behalf of the donor.
ISSUE 3
165
DOCUMENTS FOR COMPLETING THE SHARE ACQUISITION
1. Special resolution for altering the objects

2. Resolution of board of Hall authorizing it to purchase the stake from copper
3. Resolution of the board of Copper authorizing it to sell its stake to Hall
4. Share acquisition agreement
5. Special resolution to change the name of Copper (U) Ltd to HALL and Copper
pharmaceuticals Ltd.
6. Ordinary resolution to increase the share capital
7. Notice of increase of nominal capital…CO FORM 2
8. Ordinary resolution for appointment of directors
9. Statement of change of particulars of directors…CO.FORM 8
NB: PLEASE DRAFT THEM. USE THE EARLIER PRECEDENTS AND CHANGE THE FACTS ONLY TO SUIT THE
VARIOUS SITUATIONS
ISSUE 4
Fees & Duties payable
Stamp Duty: (Stamp Amendment Act)
Share purchase Agreement 5000/=
Resolutions 25,000/= per resolution
Altered Memorandum 10,000/=
Reg. Fees: see Companies(Fees) (Amendment) Rules S I 57 / 2005
Professional Fees: See ADVOCATES (REMUNERATION and TAXATION OF COSTS)

REGULATIONS
NB: I DO NOT HANDLE FEES AND DUTIES GENERALLY. YOU MAY NEED TO TAKE AN EXTRA EFFORT IN
THIS AREA
QN 1 2004/05
BRIEF FACTS
M/s City Hardware Co. Ltd a private ltd Co. has its registered office at plot 115 Gaba Rd Kampala
with a share capital of 50m shs. Divided into 1000 shares which are all issued and fully paid up.
The shareholders held a meeting with former classmates to effect a No. of changes in respect of
the management of the Co.
ISSUES
1. Whether the friends and classmates can be admitted to the Co as additional shareholders
and if so how?
2. Whether Mugenyi & Omodoi can be appointed M.D & Director incharge finance &
Administration respectively & if so How?
3. Whether Jane Nankya can be appointed secretary and if so how?
166
4. Whether the Head Office of the Co. can be relocated from Gaba Rd to Nakasero & if so
how?
5. Whether the Co. can change its name and if so how?
ISSUE 1
Admission of friends as shareholder
 Under S.29 Co‘s Act the maximum No. of members in a private Co. is 50 members.
Therefore numerically it is legally permissible.
 The existing members can transfer their shares to the classmates by a share transfer
instrument; the transfer is delivered to the company‘s directors who may accept or
refuse the same.
 In the alternative, the Co. may increase share capital by issuing new shares under
section 63(1) of the Co‘s Act and allot them to the new members since the
companies shares are all allotted and fully paid up.
 Assuming this Co. adopted TABLE A, the procedure for increasing the share capital
would be by passing an ordinary resolution under Art.44.
 However since the Articles are silent on this sub-matter then it requires a special
resolution.
 After increasing the capital notice must be given to the registrar 0f the increase of
nominal capital under section 65 Co‘s Act by filing company Form 2.
 Then amend the memorandum of Association to reflect the increment and must
be delivered to the registrar of Co‘s for registration.
ISSUE 2
Appointment of additional directors
 Omodoi as a director shall be appointed by shareholders at a general meeting by
ordinary resolution & under S. 143 the resolution has to be registered.
 Then notice of change of particulars of directors has to be furnished to the registrar

by filing Co. form No. 8… see s.201 (5) of the Cos Act. Here the change is by
adding omodoi as additional director.
 Mugyenyi as a Managing Director is appointed by the Board of Directors under Art.

107 TABLE A by a board resolution.
ISSUE 3
Appointment of secretary
The Board of directors appoints the secretary and it‘s by Board resolution…see Art. 110.
The Board resolution has to be registered. Co. Form 8 on change of particulars of a secretary has
to be filed with registrar…see s. 201 (5) of the companies Act
ISSUE 4 Change of Head Office

It is changed by giving notice of situation of office. This is achieved by filing company form……….
(find out) on situation of office
167
Issue 6
Duties & Fees Payable
Stamp Duty
Special resolution – 25,000 X No of Resolution
Memo(Altered) 10,000/=
Nominal Capital 0.5% of the increased Share capital
Registration fees
Professional fees
DOCUMENTS:
1. Special resolution for changing the NAME of the Co. & increasing share Capital.
2. Notice of increase of share capital co. form 2
3. Board resolution for appointment of managing Director and company secretary.
4. Particulars of the secretary ….see Co. form 7
5. Particulars of change of Directors ….. see Co. Form 8
DIVESTITURE
What is divestiture :- To relinguish or process of transferring ownership & control of public
enterprises from the state to private concerns section 1(g) of the PERD Act.
What if the government wants to take over the property from private hands see section 22 PERD
Act generally
Enterprises Specified in the first schedule shall be owned as follows;

a) Those in class 1 of the first schedule shall be fully owned by the state
b) Those in class two:-The state should own the majority.
c) Class 3 state must wholly divest.
d) Class 4 state must liquidate them
BRIEF FACTS
The Directors of Cotton Development Authority (hereafter called the CDA) intend to have the
organization divested on the ground that it is not viable any more, want to sell shares to the
public by making public offerings of the shares.
ISSUES:
1) Whether Cotton Development authority can be divested if so how.
2) How can the organization make the public offering of it‘s shares
3) Who are the various players involved in the process.
4) What are the documents.
LAW APPLICABLE
_ The Public Enterprise Reform and Divestiture Act cap 98
_ Capital markets Authority Act cap 84
_ The Co‘s Act Cap 110
_ The contract Act Cap 73
168
_ The capital markets (prospectus Requirements) Regulations.
_ The CMA (listing ) Regulation.
_ The CMA (Establishment of stock Exchange.) Registrations S.1 54-96
RESOLUTION.
Issue 1
Whether CDO can be divested
Under section 22 (1)(a) of the PERD Act enterprises in class 1 in first schedule are wholly owned by
government as a matter of law. CDA falls in class 1 of the first schedule. Accordingly government
must wholly own the enterprise.
NB Uganda Printing Corporation was removed from class 3 to class 1 hence it is now wholly
owned by the state.
CDA can be divested if the first schedule is amended by removing it from class 1 to class 3.
Divestiture is the transfer of ownership of state enterprises from the state to private owners…see s.
1 (g) of PERD
PROCEDURE FOR DIVESTITURE

 The minister must amend the first schedule to the Act by removing CDA from class 1 to
class 3. This is done by a statutory instrument & approved by parliament under S.44 PERD
Act.
 The Minister forms a successor Co. whose signatories are the Minister responsible for
finance and the minister of Agriculture under S.28(5) PERD Act.
 All the liabilities & Assets of the public Enterprises are transferred to the successor Co. see
Ss. 30-32 PERD Act.
 Under S.29 (1) PERD Act, the responsible minister appoints a date by statutory instrument
for vesting in the successor co. the undertaking of the public enterprise.
 The Divesture and Reform Implementation Committee is responsible for formulation of

policies for privatization….see sections s.5 of the PERD ACT.
 Privatization unit does the actual privatization by selling off the enterprise. The methods of
privatization are provided under paragraph 7 of the second schedule to the PERD Act
including public offering of shares.
Issue 3
How can the company make public offering of its shares
 Under paragraph 10 of the second schedule the privatization unit should prepare an offer
document or prospectus or memorandum containing financial and business information,
assets + Liabilities, profitability, history, business activities and future prospects.
 Privatization unit does the following: Determine the offer Price & the time of sale; Organize
the selling campaign and distributes the collects; Distributes and collects applications for
the purchase and also distributes the prospectus to public.
 The prospectus should be sent to CMA for approval before registration. This is so on the
authority of KCC FC V CAPITAL MARKETS AUTHORITY, supra. Once approved the registrar
169
of companies shall register it under section 42 of the Companies Act and the company
shall be free to make an initial public offering of its shares.
 When the enterprise is successfully privatized the law establishing that Company shall
stand repealed…
DOCUMENTS.
1). Statutory instrument to amend first schedule and remove CDA to class 3.
2). Statutory instrument appointing the date for vesting the under taking of public enterprise
3). Prospectus or statement in lieu thereof.
NB SAMPLE OF STATUTORY INSTRUMENT for amending the first schedule
STATUTORY INSTRUMENT
NO. 20 OF 2010
IN THE EXERCISE of the powers conferred on the Minister under section 44 of the Public Enterprise
Reform and Divestiture Act cap this Statutory Instrument is made this 15TH day of June, 2010.
Short Title
This Statutory Instrument shall be cited as Public Enterprise Reform and Divestiture (Amendment of
the First Schedule) Instrument, 2010.
Amendment of the First Schedule

The First Schedule to the Public Enterprise Reform and Divestiture Act is amended by removing
Cotton Development Authority from the list of enterprises in class 1 to class 3.
_____________________________
Minister responsible for Finance
Statutory instrument for vesting the undertaking of CDA in the successor company
STATUTORY INSTRUMENT
NO. 21 OF 2010
IN THE EXERCISE of the powers conferred on the Minister under section 44 of the Public Enterprise
Reform and Divestiture Act cap this Statutory Instrument is made this 16TH day of July, 2010.
Short Title
This Statutory Instrument shall be cited as Public Enterprise Reform and Divestiture (Vesting of the
Undertaking of CDA in Cotton Development Inc) Instrument, 2010.
Vesting the undertaking of Cotton Development Authority in the Cotton Development Inc.
The undertaking of the Cotton Development Authority shall vest in the Cotton Development Inc.
on the 30th day of August, 2010.
_____________________________
Minister responsible for Finance
170
NB: FOR THE PROSPECTUS JUST DESCRIBE ITS CONTENTS
Issue 4
Who are the players in the process of public offering of shares and their roles
Players are
 The company selling shares
 The buyers
 The capital markets authority
 Stock market / capital market
 Investment advisors
For their roles please check presentation by official from capital markets authority on the role of
the above players at the stock exchange
LEGISLATIVE DRAFTING
DRAFTING OF A BILL
A Bill should contain but is not limited to the following:
 Memorandum which is the purpose of the proposed law. it must show the state of the
existing law, that is to say whether there is any law governing the subject matter or is such
law inadequate and therefore requires another law to strengthen the existing law. It
should be on a separate page.
 Arrangement of clauses. A bill has clauses and not sections which are for an Act of
Parliament. It tells the reader how the provisions of the bill are arranged. This should also
be on its own page or sheet from the bill itself.
 Long title which is about the purpose of the proposed bill when enacted into law and it
follows the title of the bill.
 Short title which constitutes the title with which the Act shall be cited
 Commencement which is about the time the law shall take effect either by reference to a
particular time, event or condition.
 Interpretation section which deals with definition of certain terms used in the bill e.g. you
may use certain words not in their ordinary way hence the need to define the special
meaning they convey or the words may carry many meanings and you want them to
carry specific meanings hence the need to define or the words may be ambiguous
hence the need to clarify their meaning through definitions etc.
 Headings or marginal notes which direct their readers on what specific provisions of the
sections mean. Marginal notes appear in the margin while heading appear at the top of
each section.
 Parts which are a convenient way of reading a bill or sections of law when enacted.
ENSURE THE BILL HAS THE FOLLOWING

 THE LEGAL PERSON. I.e. the person on whom the responsibility lies or is vested to do or
refrain from doing some act(s). a bill without a legal person is void like a car without an
engine which can not move unless it shall be pushed. Therefore the legal subject
otherwise called the object must be specified.
 THE LEGAL ACTION. The bill should clearly specify which or what actions or omissions
the object / legal person should take or not take. This is otherwise called the
PREDICATE. Without specifying the legal action, the bill shall be a toothless document
171
 THE CIRCUMSTANCES UNDER WHICH AN ACTION MAY BE DONE OR OMITTED. A bill may
need to state when the legal person may act or omit to act. It may provide that
certain conditions are precedent before an action may be taken or omitted and may
make others discretionary while at the same time stating when the powers may be
exercised.
e.g under the police Act the police have discretionary powers to arrest but must produce the
person arrested to court within a given time. The Acts provide as follows.
A police officer may arrest without a warrant any person who has committed or is suspected
on reasonable grounds of having committed an offence.
BUT o secure the liberty of persons the police are required by law to produce the suspect
before court within a given time. In such a case, the command must be coached in
mandatory terms. E.g
A person arrested by a police officer under subsection 1 shall, if not earlier released, be
produced before a court of law within forty eight hours. The use of the word shall is
mandatory although in some case it may be merely directory.
In a penal provision, ensure the following.

 PROHIBITION. I.E. the doing of or omission to do something e.g. any person who is a
passenger on a vehicle shall wear a seat belt. Or any person who owns or manages
any building in a town, city, minucipality or division shall renovate such building
annually.
 CONTRAVENTION..I.E. it should provide for circumstances amount to breach of what is

required to be or omitted to be done. E.g. any person who fails to wear a seat belt
……………….. commits an offence…………
 SANCTION / PENALTY. Law without punishment is a good as a useless piece of paper

as the same can not command it observance. Any good law should prescribe a
reasonable punishment to ensure the law is obeyed.
In any bill you must avoid the following

 Use of long sentences should be avoided as it may cause ambiguity
 Do not use plurals.. singular expressions are preferred
 Avoid repetitions i.e words with the same or similar meanings should not be used in the
same sentence e.g terms and conditions; for and on behalf of.
 Avoid use of ambiguous words
 Avoid use of passive words. Always use mandatory words and shall is always preferred.
NB: SEE THE BILL BELOW FOR THE QUESTION BELOW
LEGISLATIVE DRAFTING PAST PAPERS

“No animal of the dog kind shall be allowed to go at large without a collar or tag as prescribed
by law, and no person who owns, keeps and has custody of a dog shall permit such dog to be in
any public place unless such dog is firmly secured by a substantial leash not exceeding 4 feet in
172
length, held by a person with capacity to manage such a dog, nor shall any dog be permitted to
go to a private property without the consent of the owner or occupier thereof”.
Redraft the above provision into a complete bill for an Act of Parliament. The Bill should include
provisions relating to stray dogs and other relevant matters.
THE CONTROL OF DOGS BILL, 2010
MEMORANDUM
The object of this Bill is to enact a law to regulate dogs in public place and on private
property. There has been widespread presence of dogs in public places and on private
property some of which are vicious and others have rabies yet there is no law to specifically
regulate them in such places thereby endangering the safety of the public and any person
who owns or occupies private property.
This Bill aims to regulate straying of dogs by requiring the owner or manager to confine it, or
while in any public place to be securely held by a competent person and create offences
and penalties to enforce the Act to ensure safety of the public and any property owner or
occupier.
…………………………………………………
Minister of Local Government
THE CONTROL OF DOGS BILL, 2010
ARRANGEMENT OF CLAUSES
CLAUSE PART 1: PRELIMINARY
173
1. Short title
2. commencement
3. Interpretation
PART 11: CONTROL OF DOGS
4. Dog to be confined
5. Dog to have collar or tag
6. Dog to be secured by leash
7. Owner or occupier of private property to consent to presence of dog
8. Authority to confiscate a straying dog
PART 111: OFFENCES AND PENALTIES
9. Penalty where no punishment prescribed
PART 1V: MISCELLANEOUS
10. Enforcement of the Act.

11. Minister‘s power to amend
A Bill for an Act
ENTILTLED
THE CONTROL OF DOGS ACT, 2010
An Act to regulate dogs in a public place and on private property; and to criminalize straying of
dogs in such places aforesaid and to provide for other related matters.
BE IT ENACTED BY PARLIAMENT AS FOLLOWS;
PART I: PRELIMINARIES
1. Short title.
This Act shall be cited as The Control of Dogs Act, 2010.
2. Commencement.
This Act shall come into force on the day to be appointed by the Minister by Statutory
Instrument.
3. Interpretation.
In this Act unless the context otherwise requires_
(a) ―leash ‖ means a chain tied to the neck of a dog to control its movement;
(b) ―Minister‖ means the Minister responsible for Local Governance and includes the State
Minister;
174
(c) ―occupier‖ means any person who has or exercises some degree of control over the
premises;
(d) ―private person‖ means any person who owns or occupies private property;
(e) ―private property‖ means any property used or intended to be used for private purpose
and includes land;
(f) ―substantial leash‖ means a leash made of chain which is strong enough to firmly tie a dog.
PART II; CONTROL OF DOGS

4. Dog to be confined.
Any person who breeds, owns, keeps or manages a dog shall keep it under
confinement.
5. Dog to have collar or tag.

Any person who breeds, owns, keeps or manages a dog shall keep it away from a public place
unless it has a collar tag for identification.
6. Dog to be secured by a leash.

A person who breeds, owns, keeps or manages a dog shall ensure that the dog is, while in a
public place, secured by substantial leash not exceeding four feet and held by a person
capable of exercising control over the dog.
7. Dog prohibited on private property unless the owner or occupier consents.

A person who breeds, owns, keeps or manages a dog shall ensure it does not encroach on
private property unless the owner or occupier has consented to its presence.
8. Dog to be confiscated by the relevant authority.
(1) Any dog found in a public place or on private property in contravention of this part of the
Act shall be liable to be confiscated by the relevant authority which may confine it until the
owner, keeper or manager is found and notified accordingly.
(2) Where the owner, keeper or manager of the dog is found and notified in the manner
aforesaid, he or she shall remove it from the custody of the authority within seven days from the
date of such notification and shall be liable to pay the costs of keeping the dog.
(3) Where the owner, keeper or manager of the dog does not remove it in the manner
prescribed under clause (2) above, or where the owner, keeper or manager is not found, or
where the authority considers the dog to be dangerous to safety of the public or any person, it
may order the killing of the dog.
(4) ―relevant authority‖ used in this section means any person empowered to enforce law
and order in any public place and includes the owner or occupier of private property
PART III: OFFENCES AND PENALTIES
9. Penalty where no punishment prescribed.
Any person who contravenes sections 4 to 7 of part 11 of this Act commits an offence and is
liable on conviction to imprisonment not exceeding two years or a fine not exceeding thirty
currency points or to both.
175
PART IV: MISCELLANEOUS
(1) The enforcement of this Act shall be the responsibility of the public authorities permitted by
or under this Act.
(2) ―public authorities‖ means authority referred to under section 8 (4) established in any city,
district, division, municipal, town or urban setting for the purpose assigned therein.
11. Minister‟s power to amend.

The Minister shall have power, by Statutory Instrument, to amend the schedule to this Act.
_______________________________________
Currency Point
A Currency Point shall be the equivalent of twenty thousand shillings
QN. 1 2006/7
There is an enormous presence of animals in urban centres which constitute or may constitute a
nuisance to any member of the public. A couple of buildings in such urban centres have
become old and dilapidated thereby posing a potential danger to the public. A bill is required to
enact a law to cover the scenarios above and other related matters.
NB: prepare a memorandum for the bill

IT SHOULD BE ON A SEPARATE PAGE
THE URBAN CENTRES (PROHIBITION OF NUISANCE) BILL, 2010
MEMORANDUM
The object of this Bill is to enact a law to ensure safety of the public in any urban centre. The
increasing number of animals straying in public places has become unprecedented some of
which are vicious and others infected with animal diseases such as rabies and small pox. Many
buildings in such urban centres have become old and dilapidated. All these matters have raised
concerns about public safety in such public places. The existing laws that regulate matters
aforesaid are inadequate to regulate them effectively.
The aim of this law is to strengthen the existing laws by prohibiting stray animals in a public place,
require face-lifting of dilapidated buildings in such places and to provide for criminal sanctions in
the of event non-compliance.
……………………………………
176
Minister of Urban Planning
THE URBAN CENTRES (PROHIBITION OF NUISANCE) BILL, 2010
CLAUSE PART 1: PRELIMINARIES
1. Short title
2. Commencement
3. Interpretation
PART 11: PROHIBITION OF NUISANCE
4. Confinement of animals
5. Renovation of dilapidated buildings
6. Offences and penalties
PART 111: MISCELLANEOUS
7. Enforcement of the Act

8. Minister to amend the schedule
A Bill for an Act
ENTITLED
THE URBAN CENTRES (PROHIBITION OF NUISANCE) ACT, 2010
An Act to provide for public safety in any public place by regulating straying animals; to provide
for he rehabilitation of old and dilapidated buildings; to criminalize the matters aforesaid and to
provide for incidental matters.
BE IT ENACTED BY PARLIAMENT AS FOLLOWS:
PART 1: PRELIMINARY
1. Short title
This Act shall be cited as The Urban Centres (Prohibition of Nuisance) Act, 2010.
2. commencement
This Act shall come into force on the 3rd day of December, 2010 or such date as shall be
appointed by the Minister by Statutory Instrument, which ever is the earlier.
3. Interpretation.
177
In this Act unless the context or subject matter otherwise requires__
(a) ―animal‖ means and includes goat, cow and chicken;
(b) ―Chief Administrative Officer‖ includes the Deputy Chief Administrative Office;
(c) ―competent developer‖ means any person having the capacity to develop a plot
of land in accordance with the building standard prescribed by the urban
authorities under any relevant law;
(d) ―dilapidated building‖ means any building which may cause potential danger
due to its old state or other condition;
(e) ―face lift‖ means improving the physical appearance of a building by renovation
through painting, re-roofing, plastering or general renovation as the case may be ;
(f) ―Minister‖ means the Minister responsible for urban planning and includes the
Minister of state;
(g) ―Town Clerk‖ includes the Deputy Town Centre;
(h) ―urban authority‖ means the body responsible in law for the administration of in
any urban centre;
(i) ―urban centre‖ means and includes a city, division, municipal, town and town
council.
PART 11: PROHIBITION OF NUISANCE

4. Confinement of animals.
(1) Any person who owns or manages any animal shall ensure that it is sufficiently
confined.
(2) Any animal found straying in any urban centre shall be confiscated and detained by
the urban authority until the owner or manager is found and notified.
(3) The owner or manager of the animal referred to in sub-section (2) shall remove the
animal from the custody of the urban authority within seven days from the date of such
notification and such owner or manager shall be responsible to pay the costs of detaining the
animal.
(4) Where the owner or manager does not remove the animal in the manner provided in
sub-section (3), it shall be disposed of by the urban authority whether by way of a sale or
otherwise.
(5) Where any animal is sold pursuant to this section, the proceeds shall be applied by
the urban authority to clean or beautify the urban centre.
5. Renovation of dilapidated building
178
(1) A person who owns or manages a dilapidated building in an urban centre shall, within
four months from the date of commencement of this Act, renovate the building.
(2) Any building which is not renovated within the time prescribed by this section shall be
demolished by the urban authority which may, where the owner or manager refuses
without any reasonable excuse to comply with any further notice to renovate the building
within a further one month after the expiration of the period specified in sub section 1, sell
the building to a competent developer.
Any person who contravenes section 4 (1) of this Act commits an offence and shall be
liable on conviction to imprisonment not exceeding two years or a fine not exceeding
forty currency points or both.
The Chief Administrative Officer or the Town Clerk, as the case may be, shall be
responsible for the administration and enforcement of the Act.
8. Minister to amend the schedule.
The Minister shall have power, by Statutory Instrument, to amend the schedule to this Act.
__________________________________
Schedule
A currency point shall be equivalent to twenty thousand shillings.
QN. I 2005/6
A law is required to regulate dumping, noise, dogs and playing games in public places. A bill is
required to be drafted in order to be submitted to parliament to be enacted into law.
THE PREVENTION OF NUISANCE (MISC. PROVISIONS) BILL, 2010
MEMORANDUM
The object of this bill is to enact a law for protecting the public from nuisance and related
matters. Water bodies and channels are littered with garbage which affects the flow of
water thereby occasioning flooding. The presence of dogs in public places has drastically
179
increased and the level of noise pollution has reached a far reaching height which is no
longer bearable. People have resorted to playing football, rugby, hockey and similar
games in public parks thereby damaging the trees, flowers and shrubs therein.
The purpose of the Act is to regulate dogs, noise and dumping of garbage in any public
place and to provide for the beautification of public parks.
………………………………………
Minister of urban development
THE PREVENTION OF NUISANCE (MISC. PROVISIONS) BILL, 2010
CLAUSE PART 1: PRELIMINARY
1. Short title
2. commencement
3. interpretation
PART 11: PREVENTION OF NUISANCE
4. dumping of garbage prohibited

5. no dog allowed in food store
6. straying of dog prohibited
7. noise prohibited near a hospital
8. use of mowing machine prohibited on Sunday or Public Holiday
9. promotion with loud speaker prohibited
10. protection of public parks
11. offences and penalties
12. enforcement of the Act

13. amendment of the schedule
A Bill for an Act
ENTITLED
THE PREVENTION OF NUISANCE (MISC. PROVISIONS) ACT, 2010
180
An Act to regulate public nuisance in a public place; to provide for criminal sanctions for
non-compliance; and to provide for matters incidental to the matters aforesaid.
BE IT ENACTED BY PARLIAMENT AS FOLLOWS:
1. Short title
This Act shall be cited as The Prevention of Nuisance (Misc. Provisions) Act, 2010.
2. Commencement
This Act shall come into force on the date of its publication in the gazette or such date
as shall be appointed by the Minister by Statutory Instrument, which ever is the earlier.
3. Interpretation
In this Act, unless the context or nature of the subject matter otherwise requires—
(a) ―District Police Commander‖ includes the Deputy District Police Commander;
(b) ―game‖ means football, rugby, hockey and other similar activities;
(c) ―public eating place‖ means any place where food is sold to any member of
the public and includes a restaurant and hotel;
(d) ―Town Clerk‖ includes the Deputy Town Clerk;
(e) ―unnecessary noise‖ means noise which exceeds the level permitted by the
National Environmental Management Authority;
(f) ―water body‖ means lake, river, sea or a stream;
(g) ―water channel‖ means any water passage constructed for directing water
into a water body.
PART 11: PREVENTION OF NUISANCE

4. Dumping of garbage prohibited
A person shall not throw garbage into a water body or water channel near the city,
division, municipal council, town or town council.
5. No dog allowed in a food store
(1) A person who owns or manages a public eating place shall take all reasonable
steps to prevent a dog from entering the food store.
(2) A person who owns or manages a dog shall ensure it does not enter a food store
in any public place.
6. Prohibition of stray dogs in a public place
181
A person who owns or manages a dog shall ensure the dog is kept under
confinement.
7. Prohibition of Noise near a hospital
A person shall refrain from making unnecessary noise in or near the vicinity of a
hospital.
8. Use of mowing machine prohibited on Sunday or Public Holiday
A person shall not use or operate a mower for making a lawn on a Sunday or Public
Holiday except an electric or a hand mower.
9. Promotion with loud speaker prohibited
A person shall not use or permit the use of a loud speaker to carry out promotion of
any kind in a public place except with the permission of the Town Clerk or District
Police Commander.
10. Protection of public parks
(1) A person shall not___
(a) destroy any vegetation;
(b) play any game;
(c) ride a bicycle; or
(d) take any dog except a police dog under the care of any authorized police
officer for a lawful purpose,
in any public park.
(2) Any person who contravenes this section shall, when found, be ordered to restore
the vegetation or the restoration of the vegetation shall be at cost of the person who
has destroyed it or caused such destruction.
Any person who contravenes any section of this Act commits an offence and shall on
conviction, be liable to imprisonment to a term not exceeding three years or a fine
not exceeding ten currency points.
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(1) This Act shall be enforced by any relevant authority where the public place is
situate but this section shall not limit the power conferred on the police by any law for
the time being to maintain and enforce law and order.
(2) ―relevant authority‖ means any person or body by law responsible for maintaining
law and order in any public place
13. Minister to amend schedule
The Minister shall have power, by a Statutory Instrument, to amend the schedule to this
Act.
Currency Point
A currency point is equivalent to twenty thousand shillings
QN. 3 2006/ 7
Everyone who being the owner, operator or in possession of a motor vehicle, the serial number of
which has been obliterated or altered is guilty of an offence punishable with summary conviction.
(a) what, if any, is wrong with the above provision

(b) Redraft it as a penal provision
Mistakes in the provision
1. It uses plurals, for instance, everyone instead of singular, for example a person or any
person.
2. It presumes that a person is guilty until proven innocent contrary to article 28 (2) (a) of the
Constitution of Uganda 1995 which presumes a person innocent until proved guilty. It also
contravenes sections 102 and 102 of the Evidence Act which places burden of proof on
the person alleging facts. More over the duty to pronounce guilt is for the courts of law
and the legislature can only provide for a prohibition, contravention and penalty for the
contravention.
3. The sanction is vague, that is to say, punishable with summary conviction instead of
imposing a term of imprisonment or a fine or both.
4. The sentence is long and certain words should have been avoided.
5. The punctuation is poor
Redraft
1. A driver or owner of a vehicle shall not alter or obliterate its registration number.
2. Any person who contravenes this section commits an offence and shall, on conviction, be
liable to imprisonment not exceeding seven years or a fine not exceeding thirty currency
points or both.
183
QN. 3 2005/ 6
Cigarette packages must bear a warning that cigarettes are injurious to health.
(a) what, if any, is wrong with the provision

(b) redraft it as a penal provision
Mistakes with the provision
 It has no legal person, that is, the person on whom the obligation is imposed to ensure
such warning is pasted on a cigarette package, for instance, manufacturer.
 The sentence is vague by stating cigarette is injurious to health instead of stating cigarette
smoking is injurious to health.
 It does not contain a contravention provision, that is, what happens when the legal
person does not comply.
 There is no sanction or punishment, for instance, a person who contravenes the provision
shall, on conviction, be imprisoned or fined or both.
 It usually plurals, that is, cigarettes instead of cigarette and packages instead of a
package
Redraft
1. A manufacturer of cigarette shall ensure a clear warning is written on the package to

show that cigarette smoking is dangerous to human health.
2. Any person who contravenes the above section commits an offence and is liable on
conviction to imprisonment to a term not exceeding five years or to a fine not less than
one hundred currency points or both.
3. Notwithstanding section 2, such cigarette shall be impounded and destroyed by any

relevant authority.
―relevant authority‖ used in section 3 means anybody responsible for enforcing law and
order under any law for the time being in force.
184
Art of Advocacy past papers
Qn. 6 2006 supplementary exams
What professional steps would you take in the following cases?

(a) you are counsel for the plaintiff in negligence and he presents to you ten witnesses who all
witnessed the accident
I will take two or three of them since number of witnesses does not matter to prove a fact
before court under section 133 of the Evidence Act hence even one witness may be
enough.
(b) client offers to remunerate you with 30% of damages awarded should the suit be decided
in his favour.
In contentious matters an advocate may agree to be paid in gross sum or salary provided
the agreement is in writing, signed by the person to be bound, certified by a notary public
that the person bound has understood the nature of the agreement and a copy is
delivered to the law council. see section 48 of the ADVOCATES ACT.
(c) You are making oral submission and the judge has stopped writing
Politely ask him or her to put your submission on the record of court and if he or she does
not insist that he puts you on the record.
(d) you are called upon to cross-examine a witness whom you believe has given totally
worthless evidence in examination in chief
inform court that there are no questions for cross examination.
(e) you are prosecuting counsel and defence counsel accuses you of coaching witnesse
merely because you allowed him to read his police statement before the hearing started
Inform court that you were only refreshing the witness‘s memory and not coaching the
witness.
QN.6 2004 Supplementary
Discuss the professional steps you would take in the following situations:
185
(a) you discover your client‟s case is res judicata
I will withdraw the suit or if it has not been filed I will not file it since under section 7 of the
Civil Procedure Act, a suit which is res judicata can not be entertained again by any
court.
(b) at the start of criminal trial the accused you have been assigned to represent on state
brief tells judge he has no confidence in you coz you are junior.
I will withdraw from the conduct of the case since an accused is entitled to a lawyer
of his own choice and a lawyer‘s duty is to carry out the client‘s instructions.
(c) your client‟s case is called for hearing in court at 9am but the witnesses has sent you
sms that he is stuck in a traffic jam and will arrive at 10 am
apply to court to stand over the case for 1 hour to enable the witness attend and
courts have discretion to adjourn for a sufficient cause under section 119 of the
Magistrates Courts Act Cap 16.
(d) when in court the judge says he cannot see you
humbly ask court to stand over the case for few minutes, walk out politely and dress
properly.
QN.7 2006/7 Final Exams
What professional steps would you take in the following situations:
(a) your pastor advises you to quit legal practice because advocacy involves
defending criminals.
I will sensitise the pastor as follows:
 That an accused person is innocent until proved guilty under article

28(3)(a) of the constitution.
 That the burden of proof is on the prosecution to prove the guilt of the
accused under sections 101 and 102 of the Evidence Act and the standard
is beyond reasonable doubt.
 An accused person has the right to legal representation under articles 23
and 28(3) of the Constitution.
 The role of an advocate is to ensure the accused gets a fair trial as
enshrined in ARTICLE 28(1) of the Constitution and not to defend their
wrong doing.
 That it is the duty of court to pronounce an accused person guilty after
weighing the whole evidence and not the pastor or the public view.
(b) you are prosecuting counsel and just before the hearing begins the principle witness
tells you that she was coerced by police to falsely incriminate the accused.
I will advise the Director of Public Prosecution to withdraw the case if the
success of the case rests on this key witness since under article 120 of the
186
Constitution the DPP may discontinue proceedings at any stage but if there is
other credible evidence then I shall proceed with other witnesses.
(c) you are dissatisfied with a decision of a justice of the supreme court upon reference
from a taxation ruling of the Registrar
Refer the matter to a bench of 3 justices of the supreme court under section 8 of the
Judicature Act.
(d) trial judge asks your guidance on when and how court can have the assistance of
amicus curiae
when there is a difficult or technical matter before court that needs an explanation
as was held in RE Messrs Ssempebwa and Another, as well as Dritoo V West Nile
District Administration.
The court invites the amicus curiae on its own motion as was held in the above
cases. In Ssempebwa‘s case court rejected counsel‘s request to act amicus curiae.
QN. 6 2005/6 Final Exams
What professional steps would you take in the following cases:
(a) you are instructed to represent an accused on a state brief in a murder case and he
tells you that “it is true I killed that son of a bitch”
I will defend him as required by professional ethics and press for favorable terms. It was
held by the court of appeal in Kawooya V Uganda that an advocate has a duty to
represent the client diligently and in accordance with instructions and professional ethics;
that an advocate has a duty to press for the most favourable terms for the accused
(b) You are a prosecutor and on the morning of the trial your principal witness tells you she
cannot remember the details of the case
Refresh his or her memory by taking him or her through the police file.
(c) You are called upon to cross examine an expert pathologist but you are unprepared
because his evidence in chief was too technical for your understanding
Get the assistance of another expert to help you understand these technical terms or
put the expert pathologist to task to explain the meaning of the technical terms.
(d) You are counsel for the judgement debtor and after taxation of the judgement
creditor‟s bill of costs the registrar awards what you feel are excessive instruction fees
Refer the matter to the judge since under order 50 rule 7 of the Civil Procedure Rules
decisions of the Registrar are appellable to the judge.
(e) if a married woman tells you that her husband is a serial adulterer but she does not
believe in divorce; she wants your advise since the situation has become unbearable for
her.
187
First call the husband and try to reconcile them and if the man is adamant advise her
to go for judicial separation if they cannot separate mutually.
QN. 6 2005/6 Final Exams
What professional steps would you take in the following cases:
(a) a new client instructs you to take over the conduct of the suit from another advocate.
Give the former advocate notice of change of advocate as required by the

Advocates (professional conduct) regulations and file a copy in court for its record.
(b) if counsel for the plaintiff you stand up to introduce counsel and parties to the parties,
then you realize that counsel for the defendant is the Attorney General, who has
appeared in person.
give your details and that of the plaintiff to the Attorney General and ask him to
introduce counsel and the parties since the Attorney General takes precedence
under section 9 of the Advocates Act.
(c) you are counsel for the accused in a treason case and he tells you that he actually
waged against the government but now wants to renounce rebellion and be resettled
by the state.
Ask him to plead guilty and apply for amnesty
(d) you are prosecuting counsel and at the end of the trial counsel for the accused
submits that his client should be acquitted merely because the investigation officer
was not called to testify
Ask court to convict without the testimony of the investigating officer coz-
no particular number of witnesses are required to prove a fact before court under
section 133 of the Evidence Act. Provided the case is proved beyond reasonable
doubt by other evidence, the accused can be convicted since the investigation
officer can only testify on the role he played and the circumstances leading to the
arrest of the accused as per Bwaneka V R .
(e) you are counsel for the plaintiff and you are served with bill of costs and taxation
hearing notice in respect of an injunction application which was dismissed with costs
to the defendant, but the main suit is still pending.
Object to the taxation of the bill of costs on the ground that costs follow the event,
that is, it is the successful party in the main suit who gets the costs of the suit as per
Premchand Ranchand V East African Querry Services Ltd
188
QN. 4 2003/4 Final EXAMS
Explain the professional steps you would take if faced with the following
situations.
(a) you are acting for a defendant sued for rent arrears and during the scheduling
conference the plaintiff‟s counsel successfully applies to add your name to the
plaintiff‟s list of witnesses coz you witnessed the tenancy agreement
I will step down from the conduct of the case since an advocate who is likely to be
called as witness in the case is precluded from acting as such in the matter according
to Advocates (professional conduct) regulations.
(b) you represent a client in a matter and he refuses to pay your fees
Serve on him an advocate-client bill of costs and if the does not deliver it to the
registrar for taxation within 1 month as required by section 57 of the Advocates Act
you can have the bill taxed by the registrar and serve on the client. If the client does
not pay you can execute it.
(c) You are acting for the defendant in a negligence suit and in the course of the hearing
you realize that the evidence against your client is overwhelming and there is no
chance of winning the case.
Advise the client to admit the plaintiff‘s case to save time and costs and enter into a
payment schedule with the plaintiff.
(d) You are prosecuting counsel in a criminal case and your key witness begins giving
testimony which contradicts his statement on the police file.
Apply to court to declare the witness hostile and then examine him in chief as if it
were a cross examination and you may ask leading questions
QUESTION
What professional fees would charge on the following amounts?
(a) if you are recovering shs. 81,000,000
under the 6th schedule to the Advocates (remuneration and taxation of costs)
regulations, paragraph 1 (a) (iv) provides;
 first 500,000shs x 12.5%= 62.500 (A)
 next 4,500,000shs x 10%= 4,500,000 (B)
 next 5,000,000shs x 7.5%= 375,000 (C)
 next 10,000,000shs x 5%= 500,000 (D)
 next exceeding 20m is 1% of
excess hence 61,000,000 x 1%= 610,000 (E)
TOTAL 1,997,500 SHS
(b) if you are recovering shs. 19,000,000
189
 first 500,000shs x 12.5%= 62,500 (A)
 next 4,500,000shsx10%= 450,000 (B)
 next 5,000,000shsx7.5%= 375,000 (C)
 next 9,000,000shsx5%= 450,000 (D)
TOTAL I,337,000 SHS
(c) if you are recovering shs. 9,000,000
 first 500,000 x 12.5%= 62,500 (A)

 nex 4,500,000x 10%= 450,000 (B)
 next 4,000,000x 7.5%=300,000 (C)
TOTAL 812,500
(d) if recovering 5,000,000

first 500,000x 12.5%=62,500 (A)
next 4,500,000x10%= 450,000 (B)
TOTAL 512,500
(e) if you are recovering 300,000

first 500,000 is 12.5% hence
it is 12.5% of 300,000= 37,500
CRIMINAL PROCEEDINGS
BRIEF FACTS
Mucunguzi Saban is suspected to have killed Kyakato and on the basis of that suspicion he was
arrested on the 21/11/2003. The police file contains several statements canvassing the fact of
death of a one Kyakato and the possibility that Mucunguzi could have been responsible for the
death.
In this statement to Police, Mucunguzi states that he killed Kyakato by mistake. Dr. Gabare who
examined the body of the deceased noted that there was a cut wound in the centre of the
deceased‘s head
Issues
- whether the facts disclose any offence(s) committed
- Whether the evidence is sufficient to sustain the charges
- What is the forum, procedure and documents (Draft)
- What is the procedure of recording a charge and caution statement before
a) A police officer (ASP)
b) Magistrate
THE LAW APPLICABLE

- The Constitution of the Republic of Uganda, 1995
- The Trial on indictment, Act Cap 23
- The Penal Code Act Cap 120
- The Magistrate Court Act Cap 16
- The Evidence Act Cap 6
190
- Case law
RESOLUTION
Issue No.1 – offence identified
Under article 28(12) of the Constitution no person shall be charged with an offence unless it is
defined and its penalty is prescribed by law. Moreover under article 28(7) of the constitution no
person shall be charged with an offence founded on an act which did not constitute an offence
at the time of its commission. In the instant case the following offences are disclosed;
Murder Contrary to S1.58 and S.189 of the Penal code Act Cap 120
Murder is committed where a person with malice aforethought by his act or omission unlawfully
causes the death of another person.
In Uganda V Bosco Okello alias Anyanya (1992-1993) HCB 68-High Court Criminal Session case
No. 143/1991, Okello J held that to prove murder, it must be shown that the deceased is dead
his/her death was unlawfully caused by the accused with malice a forethought.
The case of Uganda Vs Aramanzani Mubiru (1996) HCB 35 reiterates the above ingredients.
Issue No.2 – Sufficiency of evidence
Under article 28(3)(a) of the constitution an accused person is presumed innocent until the
contrary is proved or unless he pleads guilty. Consequently the burden is on the prosecution to
prove the guilt of the accused within the meaning of sections 101 and 102 of the Evidence Act
and as was held in Woolmington V DPP 1935 A C 462 the prosecution must prove each and every
ingredient of the offence beyond any reasonable doubt. The ingredients of murder as set out in
the case of Uganda Vs Kassim Obua & Another (1981) HCB 9 are that the deceased is dead,
his/her death was eased caused with malice a forethought.
It is against each of the ingredients of the offence that the sufficiency is viewed in the light of
admissibility, reliability, credibility and weight to be attached to the evidence.
As regards proof of death:-

The statement of Dr. Gubare on page 34 of the Police file contains direct evidence that the
deceased is dead. The doctor states that he found the body of an African female, that the body
was wrapped in a black policy theme paper and that there was a cut wound in centre of the
head. This direct evidence can prove the fact of death.
This evidence is admissible under S 59 of the evidence Act and is credible as it is not shown that
the doctor would have any reason to lie to court in circumstances.
However, evidence of the doctor may not be reliable as he indicates that the names of the
deceased were not known to him. As such, it casts doubt as to where the body he examined was
that of Magistrate Kyakato, the deceased killed the present case.
However, death can further be proved by the direct evidence of Asiimwe Joseph who saw the
photograph of her dead mother‘s body, when he wet back home. This is stated on page 36 of
the police file.
At page 37, there is direct evidence of Atanasi Kashmero who states that they brought the dead
body of the said Kyakato.
This evidence is admissible under S 59 of the evidence Act, it is relevant as it touches the matter of
roof of death of the deceased and therefore admissible under S.4 of Evidence Act.
191
it is reliable and credible as there is nothing to suggest that his evidence should be discredited.
On consideration of the above pieces of evidence touching the ingredient of proof of death, the
evidence is sufficient to prove the ingredient.In Kimweri Vs Republic (1968) EA 452, Sir Charles
Newbold. P explained that death, may be proved by circumstantial evidence but that such
evidence must be such as to couple the inference of death and must be such as to be
inconsistent with any theory of the alleged deceased being alive. The evidence leaves no doubt
whatsoever that the person in question is dead.
Second ingredient: Death was unlawfully caused

In the case of Uganda Vs Bosco Okello alias Anyanya (1992-1993) HCB 68, Okello. J noted that
there is a presumption that homicide is unlawful unless exercised by law, but the presumption can
be rebuffed by evidence of accidents or that if was permitted in the circumstances.The burden
to rebut the presumption is on the accused and the standard of proof is on the balance of
probabilities.
The present case involves homicide and there is a presumption that the act was unlawful.
It appears from the statement of the suspect at page 40 of the police file that he killed the said
Kyakato by mistake, which might have a tendency or effect of altering the character of the act
from unlawful to excusable (lawful).
However, there is no iota of evidence to support this allegation as it is hardly conceivable that a
person who carried an iron bar and killed a person and took that person‘s money would claim to
have killed the person by mistake. These other facts in the statement of the suspect contradict
any possibility of mistake and as such, the allegation of mistake is neither reliable nor credible.
What is left to be determined is the fact of cause of death
Cause of death:-
The material question regarding proof of cause of death is whether it is the wounds that were
inflicted on the deceased‘s head that caused death or immersion of water.
On the question of cause of death, Dr Gubare‘s postmortem report alluded to at page 34
indicated that cause of death was either over bleeding from the wounds as the body was found
anemic or suffocation from immersion into water or death occurred elsewhere and the
deceased was immersed into water.
The evidence of doctor i.e. Expert evidence admissible under S43 of the evidence Act.
Apparently the doctor‘s evidence is reliable and credible, although court has to scrutinize it as an
expert of experts.
The doctor described the cut wound in the centre of the hea as measuring 11/2‖x 1/2 deep into
the skull, but it is not stated in the police file whether the doctor has been shown any of the
circumstances suspected to have been used by the deceased.
In Charles Rwamunda Vs Uganda- Supreme Court Criminal Appeal No. 6/1993 court noted that it
must be the invariable practice for the prosecution and court to show the alleged murder
weapon to the doctor, for his opinion to be recorded whether it is or not consistent with the
wounds on the deceased if the weapon is accepted as such by the court.
As such, whilst the doctor‘s opinion regarding the cut wound as the probable cause of death
due to over bleeding is credible and reliable in the light of his 24 year experience, it might be
necessary to show him the alleged weapon used in the murder of the deceased for his opinion
on whether they are consistent with the wounds.
192
It is therefore my considered opinion that police recalls the doctor if it recovered any weapon
alleged to have caused death for an opinion on whether the wounds are consistent with the
weapons alleged to have been used.
Ingredient 111: Was the death caused by the accused?
It is essential that the accused be linked to the offence committed. The circumstantial evidence
from the statement of Marembo Susan at Page 35 of the police file that the accused(Laban) was
seen in the company of the deceased was never seen again and those days later Marembo was
informed that the deceased was dead.
Circumstantial evidence is admissible under S10 of the evidence Act as it tends to prove the
existence or non-existence of any fact probable or improbable. There is also circumstantial
evidence in the statement of Atanasi Kashomoro who states that on the 16/11/2003 at about
7:00pm he found 4 people at Nnyakabirizi stage and that Laban and Kyakato were on the stage
for Mbarara side. He greeted. And that 3 days later Kyakato was returned dead.
It is important to note that Kashemero identified the accused and the deceased at 7:00pm and
a question arises whether the accused was properly identified.
It is submitted that Kashemero‘s identification evidence is credible and reliable in so far as he
knew the accused very well before and even greeted the accused and Kyakato.
Though it was 7:00pm that time the evening was not so dark as to render a person in capable of
correctly identifying a person well known to him/her and especially where a person is within
―greeting distance‖, which by reasonable inference cannot have been far from the sport of the
accused.
There is further circumstantial evidence arising from the search conducted by D/H Mulungi Sam
of Ntungamo Police, the search revealed that a certain letter of the deceased was in possession
of the accused and the accused failed to account for the possession. A panga with blood stains
was recovered and stains were not accounted for by accused.
The pieces of evidence constitute Circumstantial evidence tending to show that it was the
accused who killed the deceased.
However it was noted in Tindigwihura Mbahe Vs Uganda – supreme court Criminal appeal No.
9/1987 that circumstantial evidence must be treated with caution and narrowly examined and
that it is necessary to be sure that such evidence points irresistibly to conclusion that it is the
accused who committed the offence and that there are no other co-existing circumstances to
weaken the inference.
But it should be noted that the accused made a statement to police and while it might fall short
of valid confession for lack of a charge and caution, before the statement was made, it points to
the fact that the accused admits having caused the death of the deceased. Accordingly, he
may be cross-examined on it and that would bolster the inferences drawn.
In any case, the failure by the accused to account for the letter of the deceased, which was
found under the bed of the accused, is a fact that leads to the irresistible conclusion that the
accused obtained the same upon murdering the deceased.
The Panga recovered at the same scene of the crime may be of little, if any, relevance since no
examination by a doctor was carried out to find out whether the blood on the panga was
human blood, and if so, whether it was blood belonging to the deceased.
193
As the deceased is already buried, it is hard to compare the blood samples on the panga and
that of the deceased.
The last ingredient is malice aforethought.

S 191 of the Penal Code Act defines malice aforethought to mean intent to cause death or
knowledge that an act or omission is literally to cause death.
In the circumstances of the present case, the accused states that he carried an iron bar and
killed the deceased.
It is not unforeseeable that the use of an iron bar is likely to cause death. As such, the accused
had the relevant malice aforethought. In Uganda V Sebastian otti (1992-93) HCB as well as
Uganda V John Ochieng it has held that malice aforethought in a mental element which can be
inferred from the nature of the weapon used, how it is used, part of the body injured, number of
injuries inflicted on the deceased by the accused and conduct of the accused before and after
the offence.
It is beyond any dispute that any person who cuts any person with panga and hits him with iron
bar must have intended or be deemed to have the intention of killing the victim. Accordingly
malice aforethought is proved
Having analyzed the sufficiency of the evidence or each of the ingredients discussed above, it is
pertinent at this point to identify what is missing on the police file which is necessary if the
prosecution case is to be satisfactorily.
 A post – mortem report though alluded to in the statements on the police file is missing and
should be included
 Letter addressed to the deceased, recovered from the residence of the accused should be
added to the police file.
 As the accused denies that then letter to the deceased was found in his house, the L.C 1
Chairman who was present during the search should make a statement as to what was
recovered.
 The search certified signed by the accused after the search should be appended to the
police file
 An exhibit slip is missing and needs to be appended to the file
 An index to statements should be prepared and placed in the file.
 The iron bar or panga recovered ought to be indicated as one of exhibits in the exhibit slip
 A diary of investigations is necessary to expound on the progress of investments
My humble advice to the DPP is that when the above are included in the police file, the charges
can be sustained by the evidence and, accordingly, the following witnesses should be called
 Dr. Gabure Fabiano M/A
 Atanasia Kashemero
 D/IP Mutungo Sam
 Tumubhaba Robert
 Asiimwe Joseph and
 The L.C.1 Chairman of Nyeihanga. Not everyone who made a statement shall be
called as a witness as some of the statements are extracts or a surlusage.
In the case of Kamudini Mukama Vs Uganda, Supreme Court Criminal Appeal No. 36/1995 and
noted that whether a witness should be called by the prosecution is a matter within the discretion
of the prosecuting state Attorney and the appeal court will not interfere with the exercise of that
discretion unless it is occasioned by some oblique motive. Court noted, however, that where
evidence of an arresting witness is relevant, the prosecution should call that witness.
194
ISSUES NO. 3
Defences available
The accused may involve S193 of the Penal Code Act citing provocation. But it is submitted that
the defence cannot stand as the conduct of a man who carried an iron bar from his work place
to the scene of the crime is inconsistent with the defence of provocation as there was no heat of
passion.
The accused may raise a defence of alibi. In Uganda V Kakooza (1980) HCB1 it was held that an
accused person who raises an alibi has no burden of proving the same but the prosecution must
adduce evidence placing the accused at the scene of the crime.
ISSUE NO. 4
FORUM
The forum is the High Court since it has unlimited original jurisdiction in all criminal matters. This
position is buttressed by the provisions of S 14 (1) Judicature Act, S.1 of the trial on indictments Act
and Article 139 (1) of the constitution of the Republic of Uganda 1995.
Moreover, the offence of murder attracts the death penalty and pursuant to S 161 of the MCA,
the chief magistrate lacks jurisdiction to try an offence which attracts the maximum sentence of
death. Thus, the High Court is the proper court.
PROCEDURE
Under section 1 of the TIA the High Court can not try any criminal offence unless the accused has
been committed to it for trial by any Magistrates Court pursuant to S168 (1) of the MCA.
Committal procedure involve, laying before a magistrate an indictment and a summary of the
case, the court reads out the charges to the accused, explains the same, furnishes the accused
with a copy of the indictments and a summary of the case, informs the accused that he is not
required to plead to the offence and commit him to the High Court for trial, and transmits a copy
of the indictment and summary of the case to the Registrar of the High Court.
The Chief Magistrates Court will then remand the accused to a date when the accused will be
produced before the High Court for trial
Documents
1. Indictment
2. Summary of the case.
Documents 1 – Indictment

IN THE HIGH COURT OF UGAND HOLDEN AT MBARARA
INDICTMENT
The 4th day of March, 2006

At the session holden at Mbarara, on the 9th day of March, 2006.
The court is formed by the Director of Public Prosecutions that Mucunguzi Laban has been
charged with the following offence.
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STATEMENT OF OFFENCE
Murder contrary to section 188 and 189 of the Penal Code Act Cap 120.
PARTICULARS OF OFFENCE
Mucunguzi Laban, a Munyankole man aged 34 years, on or about the 16th day of November
2003 at Micerere Kyabandura, Steema, Bushenyi District murdered Margaret Kyakato.
AKUNOBERA RESTUS
State Attorney
For: Director of Public Prosecutions
To: Mucunguzi Laban

TAKE NOTICE that you will be tried on the above indictments at the session held at Mbarara on
the 9th day of March, 2006 at 9:00 O‘ Clock in the forenoon.
…………………….
Emeri Emmanuel
Assistant Registrar, Crime
Document II – Summamry of the case
REPUBLIC OF UGANDA
IN THE CHIEF MAGISTRATES COURT OF BUSHENYI AT BUSHENYI COURT CRIMINAL CASE
NO. 106/2006
UGANDA ------------------------------------------------- PROSECUTOR
VERSUS
MUCUNGUZI LABAN -------------------------------- ACCUSED
SUMMARY OF THE CASE

The prosecution will adduce evidence before the High Court to show that:-
On or about the 16th day of November, 2003 at Mecerere Kyabandara, Sheema in Bushenyi
District the accused bit the deceased (Margaret Kyakato) with an iron bar and threw the
deceased into a swamp; there by causing death of the deceased
The accused was seen in the company of the deceased on the fateful night at Nyakabirizi stage
and the deceased was never seen again thereafter until her body was found immersed in the
swamp water.
A search of the accused‘s premises by the investigating officer, D/IP Mutungi Sam revealed a
letter under the bed of the deceased, which had been addressed to the deceased by the
Headmaster, Kiteka Primary School.
A panga with blood stains was recovered at the acused‘s home which he failed to account for
The prosecution will call the following witnesses whose evidence shall be relied upon at the
hearing of the case
1. Dr. Gubare Fabiano
2. Atanansi Kashemero
3. Tumushabe Robert
4. Asiimwe Joseph
5. D/IP Mutungi Sam
6. Chairman LC.1 of Nyeihanga village
196
The prosecution will contend that the above facts irresistibly point to the commission of the
offence by the accused and the prosecution shall pray that court convicts the accused as
charged
Dated this 4th day of March, 2006
Akunobere Testus
State Attorney
For: Director of Public Prosecutions
QUESTION 2:
Issue no. 5
a) There is no written law governing the manner of recording a charge and caution statement by
a police officer.
In the case Namulobi Vs Uganda, Supreme Court criminal appeal no. 161 1997, the supreme
court of Uganda held that the evidence (statements to the police officers) rules were revoked
when S 24 of the evidence Act was repealed by Decree No. 25 of 1973. a similar view had been
expressed in Beronda Vs Uganda 1974 EA 46 by the East African court of Appeal and was cited
with approval in the caves of Festo Androa Asenoa and Kakooza Joseph Denis Vs Uganda
Supreme Court Criminal Appeal No.1/1998.
In the latter case, the supreme court of Uganda set out guidelines to be followed by magistrates
when recording extra judicial statements.
The court suggested that pending the making of rulers by the minister as required by S 23 (2) of
the suidence Act, the police should with the necessary modifications follow the guidelines set out
for magistrates in recording extra judicial statements from suspects.
Accordingly, the procedure to be followed by a police officer when recording a charge and
caution statement is Mutatis Mutandis the same as that to be followed by the magistrate as set
under part (B) of this question.
Question 2 (b)
Procedure for magistrates
In Festo Androa Asenoa and Kakooza Joseph Denis Vs Uganda SCCA No. 1/1998, the Supreme
Court set the following guidelines to be followed by magistrates when recording extra judicial
statements.
The procedure adopted by the same Supreme Court was drawn from the contents of a circular
issued by Wambuzi C.J on the 2nd March, 1973 regarding the recording of extra judicial
statements and the same in set out as follows:-
 Firstly, it must be remembered that the prisoner is not on trial. If follows that such
statement must not be taken in any court as part of court proceedings
 No police officer should be present in the chambers of the magistrate. The police officer
escorting the prisoner should leave after informing the magistrate of the reason for
taking the prisoner before him. That is, the offence with which he is charged or the
offence he inspected of having committed as the case may be. The police officer
should then wait outside the chambers out of sight.
 The magistrate should inquire of the prisoner the language which he understands. If it is
one which the magistrate does not know he should send for an interpreter.
197
 The charge if any, or the nature of suspicion for which he has been arrested, shall then
be explained to the prisoner.
 The prisoner should then be asked if he wishes to say anything about the charge to the
offence he is suspected to have committed, and should be told that HE IS FREE TO
MAKE OR NOT MAKE ANY STATEMENT.
 The magistrate must satisfy himself by all reasonable possible means that the statement
about to be made to him is entirely voluntary. It must not be assumed that he is going to
make a confession.
 The document containing the statement should be prefaced by a memorandum
containing a note of the foregoing and the steps which the magistrate takes to satisfy
himself that the statement is voluntary. This prefatory part will enable the magistrate to
refresh his memory in the event of his being called at the trial to prove the statement.
 It is advisable that a magistrate who is about to take a statement should administer a
caution the normal form.
―You need not say anything unless you wish but whatever you do say will be taken
down and may be given in evidence at your trial‖
 The person wishing to make a statement should not be asked whether he wishes to be
sworn or affirmed, but if he requests the magistrate, without suggestion from the
magistrate, to place him on oath, or affirmation this may be done but the prefatory
memorandum must clearly state so.
 The statement should be recorded in the language which the prisoner understands, and
where the suspect does not understand English an interpreter must be reflected in the
statement and should be intended in the statement and should be intended to keep
the narrative clear.
 The vernacular statement should be read back to the prisoner incorporating any
corrections he may wish to make.
 The prisoner should certify the corrections of the statement by thumb prints or signing.
The magistrate and the interpreter, if any, then counter signs and if the statement covers
more than one page then all the statements should be signed or thumb printed by the
prisoner.
 An English translation of the Vernacular statement including the prefatory memorandum
should then be made by the magistrate or the interpreter as the case may be.
 The prisoner should then be handed back to the police officer who has been waiting
outside the chambers
 The originals of the statements – vernacular and its English translation are then handed
over to police
The above procedure is elaborated and I would follow the same from the time the accused is
brought to my chambers to the time I hand over the statements to police.
198

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CIVIL:

Written practical exercises 2003/4

The causes of action disclosed in the instant case are

d. Conversion which is an act of willful interference with possession of movable property in a

Issue 2 who are the parties

Draft of some of the documents

Written authority of the next friend

M/S Firm E &Co. Advocates,

RE: Authority to Use My Name as Next Friend

SAMPLE OF STATUTORY NOTICE

NOTICE OF INTENDED SUIT

b) Shooting live bullets into the crowd

Particulars of Special damages

DATED at Kampala this ……..day of ………………. 2010

THE REPUBLIC OF UGANDA

Particulars of Special Damages

DATED AT Kampala this …………..day of …………..2008

Drawn and filed by:-

Dated at Kampala this……..day of ………………. 2010

Drawn and filed by:-

Summons to file a defence

SUMMONS TO FILE A DEFENCE

NB: draft affidavit of service

Qn. 1 2006/ 2007

For the application

 There must be a summary of the evidence to be adduced, list of witnesses, list of

Documents in respect of application for temporary injunction for the respondent

Documents in respect of main suit for the respondent

1. David nyakana balinda

James Ahimbisibwe……………… Respondent/ Defendant

AFFIDAVIT IN REPLY TO SUMMONS

16. That whatever is stated hereinabove is true to the best of my knowledge.

DRAWN &FILED BY:

1. Whether the defendant has any interim remedies

M/S KITAGATA MERCHANTS LTD …………APPLICANT

M/S KITAGATA MERCHANTS LTD……….. APPLICANT

AFFIDAVIT IN SUPPORT OF SUMMONS

Sworn at K‘la by the said Zaki this ……………day of ……………2008.

DRAWN & FILED BY

Documents for option 1 above

NB: Draft the above Doc

Documents for options 2 and 3 above

NB: DRAFT THEM

JAMES KAMUGISHA ……………….APPLICANT

1. Leave be granted to the applicant to deliver interrogatories to the respondent in order to

3. That the respondent provides the costs of this application.

2. Supporting affidavit the summons

AFFIDAVIT IN SUPPORT OF SUMMONS

Sworn at Kampala by the said James kamugisha this ...day of .2010.

Drawn and filed by:

NB: Draft affidavit of service

 It is intended to avoid multiplicity of suits

 it is not barred by law

 The application is made in good faith

Under 0.5r. 16 CPR an affidavit of service of summons must be filed on record.

THE REPUBLIC OF UGANDA

JAMES KAMUGISHA ……………….APPLICANT